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How do you prove negligence in a car crash?

On Behalf of | Oct 11, 2018 | Car Accidents, Firm News |

While driving on the street, Louisiana residents have a responsibility to conform to the standards of conduct that are required of them by law. For example, stopping at a red light or stop sign and yielding to oncoming traffic-these rules are in place to protect the wellbeing of everyone on the roadways and when these codes are not violated, a devastating crash can result.

The law of negligence covers car accidents of this type and can be defined as behavior that falls below the legal standard established to protect someone against unreasonable risk of harm. Accident victims who pursue these claims in court should know that there are certain elements that must be proven to become successful and get compensation to cover the medical expenses associated with their car accident.

The person pursuing the case, the plaintiff, must show that there was a duty owed by the person causing the accident-the defendant-to the plaintiff. Secondly, it must be shown that the duty was breached and that there was an actual connection between the harm that was suffered and the defendant’s actions. Thirdly, it must be shown that the harm was foreseeable and that there were damages resulting from the actions. For example, a driver running a stop could arguably be breaching their duty to drive safely and follow the rules of the road.

Just stating the facts of the case and the law is often not enough to prove one’s case. it is important to have proof and present the facts in a manner that demonstrates every element of negligence is met in order to be able to hold the defendant liable in a court of law. It might be helpful to have an experienced professional by one’s side during the process.