Proving Negligence in a Car Accident

Proving Negligence in a Car Accident

In order for a plaintiff to recover damages for a car accident, they have to prove that the injuries they suffered were due to the negligence of another party. Simply put, who is at "fault". A personal injury attorney will analyze all the evidence and search for negligent behavior by the other driver. 

Examples of Negligent Behavior that Causes a Traffic Accident Include:

  • Texting or dialing a cellphone while driving
  • Driving under the influence of alcohol or a drug
  • Speeding or aggressive driving
  • Running red lights or disobeying traffic signs
  • Merging or changing lanes without checking blind spots
  • Failing to yield to oncoming traffic when entering an intersection
  • Making a left turn in front of an oncoming vehicle
  • Driving while fatigued
  • Tailgating

Burden of Proof in a Car Accident

Negligence must be proven in trial by "the greater weight of the evidence." A jury is instructed by the judge that this means the more persuasive and convincing force and effect of the entire evidence in the case. I know...still not very clear. Try thinking of the scales of justice, if the plaintiff can present enough evidence that the scales tip even just slightly in their favor, even 51% vs. 49%, then the plaintiff has met the burden of "the greater weight of the evidence." 

To prove negligence, the plaintiff must prove by "the greater weight of the evidence" defendant owed plaintiff a duty of care and that the defendant’s breach was the direct cause of plaintiff’s injuries. 

Negligence is:

  • Duty
  • Breach
  • Causation
  • Damages

‚ÄčIf You Have Questions About a Car Accident or Any Other Injury You Suffered

Please contact Clifton Law Office, you can reach me at my contact page online or call me directly at 904-209-4883.

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