To recover damages from the other driver in your car accident, you will likely have to prove that the driver was at-fault by showing that the driver’s negligence contributed to or entirely caused your car accident.
Four elements of negligence
Proving negligence required you to prove the following four elements. All four elements must be proven with a preponderance of the evidence in order for you to recover damages.
- Duty – The other motorist owed you a duty to operate their vehicle safely.
- Breach of duty – The other motorist breached the duty owed to you by failing to adhere to one or more traffic laws.
- Causation – The other motorist’s negligence directly and proximately caused your accident and injuries.
- Damages – You suffered physical, emotional, and/or financial injuries/damages as a result of the accident.
Evidence used to prove negligence
Every car accident is different but there are certain types of evidence that are typically useful to build your case against a negligent defendant. The following evidence may be used to help your case:
- Photos and videos of the scene of the accident (e.g., skid marks on roadway can show that the other driver failed to stop in time).
- Eyewitness testimony to provide insight regarding how the accident occurred.
- Medical reports can provide information about the injuries you suffered and treatment you received.
- Testimony from physicians, accident reconstructionists, and other experts can help establish the nature and extent of your injuries and damages, as well as causation.
- Testimony from friends and family can provide insight as to how your injuries are impacting your everyday life
Proving fault after a motor vehicle accident can be difficult, especially if the accident involved multiple vehicles. A Santa Ana personal attorney can help you gather and present the evidence needed to hold all negligent parties responsible for their actions.