Last Updated on September 23, 2022 by admin
Fault in a car accident claim can be difficult to determine. Many states have laws that are called “comparative fault” or “contributory negligence.” This means that if you are even partially at fault for an accident, you may not be able to recover any damages from the other driver. In order to prove that the other driver is at fault, you will need to show that they were negligent in some way.
There are four main elements of negligence: duty, breach of duty, causation, and damages. You must be able to prove all four of these elements to succeed in your claim.
Table of Contents
The first element is duty. The duty element requires you to show that the other driver had a duty to exercise reasonable care while operating a vehicle. All drivers have to operate their vehicles safely.
2- Breach of Duty
The second element is a breach of duty. Breach of duty occurs when the other driver fails to meet the standard of care required by law. For example, if the other driver was speeding, ran a red light, or was texting while driving, they may have breached the duty of care.
The third element is causation. Causation requires you to show that the other driver’s breach of duty caused your accident and injuries. If you cannot prove causation, you will not be able to recover damages from the other driver.
The fourth element is damaged. Damages are the injuries and losses you have suffered due to the accident. In order to recover damages, you must be able to show that the other driver’s negligence caused your injuries.
You can prove fault in an auto collision claim by showing that the other driver was negligent in some way. Negligence is the failure to exercise reasonable care while operating a vehicle. All drivers have to operate their vehicles safely. If the other driver breached this duty, and this breach caused your accident and injuries, you may be able to recover damages from the other driver.
If you have been involved in a car accident, you must speak with an experienced San Antonio car accident attorney. An attorney can help you investigate the accident, gather evidence, and build a strong case. The attorney can offer more help in terms of;
a) Determining whether you have a claim
This will help you understand your case’s strengths and what to expect.
b) Calculating your damages
An attorney can help you calculate the full extent of your damages, including medical expenses, lost wages, and pain and suffering.
c) Negotiating with the insurance company
Insurance companies are often reluctant to pay out on claims. An attorney can negotiate with the insurance company on your behalf to reach a fair settlement.
d) Filing a lawsuit
If the insurance company is unwilling to settle, your only option may be to file a lawsuit. An attorney can handle all aspects of the litigation process, from filing the initial complaint to taking the case to trial.
If you have been involved in a car accident, contact an experienced car accident attorney today.