When you are injured in a car accident, you might decide to seek compensation. The claim for compensation hinges on a few points but one of the most important is negligence. Your case will need to show that the negligence of the defendant caused the accident that led to the injuries for which you suffered damages.
Some negligent acts are easy to prove because the information you need is in the police report. Examples would be if the accident was caused by a drunk driver or by a driver who was cited for speeding.
In other cases, it might not be so easy to prove negligence. It might be difficult to prove that someone was driving distracted, for example, if the accident report didn’t make mention of the driver being distracted. Investigating the accident thoroughly would be necessary in those cases.
Once the cause of the motor vehicle accident is determined, it should be easier to determine who should be named as defendants. If the other driver’s negligence or recklessness caused the accident, that driver would likely be a defendant. The driver’s insurance might also be a defendant.
If the accident wasn’t caused by you or the other driver, the defendant might be a company or business if the accident was caused by a defect in a vehicle or a traffic control device. Those claims for compensation would likely fall under product liability laws.
Pulling all of the elements of your personal injury case together is a crucial step that can’t be overlooked. Understanding the concepts and laws that are applicable to your case can help you to ensure that you have the essential elements in place.
Source: FindLaw, “Car Accident Basics,” accessed June 09, 2016