Car accidents can happen in an instant, but the physical, financial, and emotional impact can last for months or even years. If another driver’s carelessness caused your crash and injury, you may have the right to pursue compensation through a personal injury claim. However, you must be able to prove that the other driver’s negligence caused your accident. To learn more about your rights and responsibilities during your case, continue reading and consult with an experienced San Mateo County, California motor vehicle accident lawyer today.
What is Negligence?
In California, negligence refers to a failure to act with the level of care that a reasonable person would use in the same situation. Negligence is determined by comparing the defendant’s actions to those of a “reasonable person.” A court may ask whether a cautious, responsible driver would have acted differently under similar circumstances. If the answer is yes, negligence likely occurred.
Although the concept of negligence is not overly complex, proving it in court can be difficult. As the plaintiff, you bear the burden of proving that the defendant was negligent by a preponderance of evidence. This means that it is more likely than not that the defendant caused the accident. It is crucial that you understand how you can establish this in your case.
How Can I Prove My Auto Accident Was Caused by Negligence in CA?
To prove that your car crash was caused by negligence, you must demonstrate four key elements:
- The defendant owed you a duty of care to act with reasonable caution. For example, all drivers have a duty to operate their vehicles safely and abide by the rules of the road.
- The defendant failed to meet their obligation and therefore breached the duty of care. For example, they could have breached the duty by driving under the influence or running a stop sign.
- The defendant’s breach of duty directly caused your accident and injuries.
- You suffered actual damages, meaning economic and non-economic losses, like medical expenses, lost wages, or pain and suffering.
Establishing the above elements will help prove the defendant’s actions and link their behavior to your injuries and damages.
What Evidence Will Help My Case?
Evidence is crucial in auto accident cases, and you will not be able to prove the four key elements of negligence without supporting evidence. The most important pieces of proof will vary depending on the specific circumstances of your situation, but below are common types of evidence relevant to a personal injury case.
- Police reports
- Photos of the scene of the accident, vehicle damage, and visible injuries
- Video footage from nearby cameras or dash cams
- Eyewitness testimony
- Medical records
- Expert testimony from accident reconstruction specialists, medical professionals, or economists
These types of evidence and more will help demonstrate the connection between the defendant’s actions and your damages.