The Burden of Proof in a Car Accident Case
Our Experienced Car Accident Lawyer Explains
When you bring forth a legal case, you must be able to show that the accusations being made are true. Also, bear in mind the fact that different kinds of cases call for different standards of proof. Car accident claims are referred to as civil lawsuits, and they require the claimant to meet a certain burden of proof. The claimant should produce evidence which suggests that the defendant is indeed liable for the damages suffered. In nearly all car accident cases, a legal fault concept referred to as negligence is involved. To meet the burden of proof, the claimant should establish the following four elements:
- The defendant owed the plaintiff a duty of care
- This duty of care was violated
- The negligence of the defendant caused the plaintiff’s injuries
- The claimant was indeed injured
Duty of care
If you were injured in the accident, you need to prove that the defendant actually had a duty to exercise care and caution with regards to your safety. The duty of care could be somewhat obvious. For instance, the law requires anyone who drives a car to exercise caution and safety while operating their vehicle. In most cases, duty of care comes down to what is regarded as being reasonable or unreasonable behavior in the situation.
Violation of duty
After clearly establishing that the defendant had a duty of care, you should then prove that this duty was breached; in other words, you should prove that the defendant did not exercise reasonable care. If a police report filed after the car crash shows that the defending driver was speeding, driving distracted, or even driving recklessly, this could greatly help you prove that the negligence of the defendant caused the accident. Witness statements can also help establish fault and liability.
You, the plaintiff, should prove that the defendant’s negligence caused the car crash and the resultant injuries. Simply put, prove that if it were not for the poor conduct of the defendant, the injury would not have occurred. There are cases whereby causation is very obvious. For instance, if your foot was run over by the offending driver, and you suffered broken bones, it is clear that the injury was caused by the driver. However, if you were rear ended and yet you had experienced past back problems, showing that the car crash actually caused the new back problems could be a complex undertaking.
Injury and damages
When making a personal injury claim, you should prove the nature and extent of your injuries. Proof of injury can be shown through medical records, pictures, and testimonies of medical providers. The damages, or compensation that you are entitled to, should be supported by proof. Hospital treatment records and expenses are the best proof of injuries.
Do you need a car accident lawyer in California?
Wilshire Law Firm is located in Los Angeles, California. We understand how devastating it is to deal with insurance companies after a car accident. While you are worried about your health and finances, the insurance company is simply worried about awarding you the least possible compensation. However, by hiring a auto accident lawyer, you do not have to worry about speaking with the insurance adjuster.
Your auto accident lawyer will look into your claim and present a strong case on your behalf. He or she will handle all the legal proceedings involved on your behalf. The only thing left for you to do will be to concentrate on getting better. For a competent and experienced lawyer who will fight tooth and nail for you, contact us as soon as you can. To win your personal injury claim, you will need proper legal presentation. Let us handle your case and get you the compensation you are entitled to. You do not have to suffer because of another driver’s mistakes.