Can you sue a driver for negligence? If you have been in an accident that was not your fault, you might have wondered this question once or twice.
Getting into an accident, whether you are driving or are walking, is not only a traumatic experience, but it can also lead to damages to you and/or your vehicle. Those damages can result in a hospital stay, multiple doctor appointments, rehabilitation, medication, missed work, extensive automobile repairs, and more.
In a nutshell, getting into an accident with a negligent driver can impact your mental, physical, and financial health.
If you have been in this situation, you may be wondering if the driver who hit you is negligent and required to reimburse you for your damages. If you are wondering what are the basic elements of a negligent driver claim, this short and simple guide is for you.
- Duty of Care
The first element of a negligent driver case is the duty of care. According to the law, individuals, companies, property owners, and other entities are legally required to avoid causing harm to another person. If you can prove that the driver in your case had a duty of care, you are well on your way to establishing your case.
- Breach of Duty
Once you have established a duty of care, you need to prove the driver breached their duty of care. According to the driver negligence law, a breach of duty happens when a driver does something dangerous or risky, like running a red light, driving too fast, or driving recklessly.
In some cases, you can prove someone other than the driver breached their duty, such as an employer who required long hours of driving with no break. In these cases, the liability will likely be on the employer. If you are wondering why does it matter, you can read more here.
- Cause of Injury
The third basic element of a negligent driver claim is the cause of injury. With this element, you have to prove the driver who breached their duty of care caused your injuries. For example, a driver ran a red light, hit your car, and caused you to break your arm in the accident.
- Verifiable Damages
Lastly, you need to prove how bad your damages are. You can claim special damages, which involves how much money you have paid, and general damages, which involves pain, suffering, and emotional trauma. Use medical bills, auto repair bills, and more to prove your verifiable damages.
These Are the Basic Elements of a Negligent Driver Claim
These are the basic elements you need to prove someone is a negligent driver.
You have to prove the driver owed you a legal duty of care. You also have to prove that the duty of care was breached by the driver. Finally, you need to prove the breach of duty resulted in your injuries and damage and as well as prove the extent and nature of your damages.
If you have these four, basic elements, you can prove a driver was negligent.
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