Car accident cases are not usually based on claims that the driver hurt you on purpose. Instead, they are based on claims of negligence. That means showing they violated a legal duty, and that violation caused your injury. To prove negligence, you usually need to take certain steps.
First, you have to look at the specific legal requirements to prove negligence and what violations might be involved. Second, you collect evidence. Without this, it is your word against theirs, and you might not be able to win that case. Third, you have to think about the type of claim. In insurance claims, there might be no convincing the insurance company, but taking the case to court can make proving it to the jury possible.
For help proving your case, call our experienced Dallas car accident lawyers at The Queenan Law Firm today at (817) 476-1797.
Elements of a Negligence Case
A legal claim for negligence has four elements your Texas car accident lawyer needs to prove:
- Duty – The defendant owed you a legal duty, usually from traffic laws.
- Breach – The defendant violated that duty.
- Causation – That breach was the thing that caused your accident.
- Damages – Your accident resulted in damages like injuries, emotional distress, pain and suffering, and auto repair costs.
Sometimes people will use “negligence” to focus on the duty and breach elements, but you have to prove all four to win your case.
You have to worry about causation, as they can just try to blame the accident on you or someone else. You also have to worry about damages, as you cannot win a case without proving harm.
What Counts as a Breach of Duty for a Car Accident Case?
Much of your case will focus on what the duty was and how they violated it. This duty often comes from traffic laws, but not exclusively. Instead, there may be a focus on what a reasonable driver should do in the same situation.
Traffic Laws
If they violated a traffic law to cause the crash, then that violation will show us the duty and breach. The duty would be the law itself – the statute that says no speeding, no tailgating, or no drunk driving. The breach would be a violation of the statute.
This is often called “negligence per se,” and it can make proving the case simpler. This is especially true when the defendant was also charged with an offense – such as drunk driving – and you can use evidence from that criminal case and the record of the conviction against them in your civil case.
Reasonableness
Many traffic laws incorporate reasonableness or the driver’s judgment about what is practical/practicable, when it is safe, or when there is enough room or distance between cars. If they violate a rule like this, that is still a negligence per se situation, and we would point to the violation of the traffic law to prove your claim.
Otherwise, some actions are not specifically governed by a law, and they are left to reasonableness. This is supposed to be an objective standard, judged by what an idealized “reasonable driver” would do in that situation.
We can make arguments about what a reasonable driver would do and whether this driver met that standard or not. The other driver’s failure to meet that standard would be considered a breach of duty.
This could be something like looking at a map for too long or carrying on an aggressive conversation with a passenger. Certainly, looking at a map or talking to your friend is not illegal, but when it interferes with driving and causes a crash, it is a problem.
What Evidence Can Prove Negligence?
Most cases involve some basic evidence from the start, which is sometimes enough to prove your case:
- You saw the accident, so your testimony is important evidence.
- Your vehicle damage shows the accident happened, and photos or damage appraisals give us clues to how it happened.
- The other driver also likely has damage and similar records.
- Your medical bills show what happened to you and potentially give clues to how it happened and how serious the crash was.
This alone can be enough to prove some cases, but any additional evidence we have can help make your case stronger. This often includes the following:
- Other eyewitness testimony, especially from strangers who saw the crash and have no reason to lie for you
- Police officer testimony and police reports about the aftermath
- Dash cam footage
- Photos of the crash scene, vehicle damage, injuries, and road/weather/lighting conditions
- Security or dash cam footage of the accident
- Accident reconstruction expert reports.
Even something as simple as the other driver’s paint showing up in your crash damage can show they hit you.
Proving Car Insurance Claims vs. Lawsuits for Negligence
What is needed to prove your case in a car insurance claim is often different than what’s needed for a lawsuit.
Insurance Claims
When you file an insurance claim against the at-fault driver, they will want to investigate who was at fault. Only once they make their determination that their driver was probably at fault will they actually pay you. That means you have to convince them.
Often, this is impossible. They don’t want to pay, so they won’t admit their driver caused the accident. Instead, they may offer a low-dollar settlement to end the case, knowing it doesn’t cover all of your needs.
You should reject that offer and turn to the courts.
Lawsuits
When you file in court, we have evidentiary standards that must be met to submit evidence and burdens of proof that must be met to win your case.
You can submit most “relevant” evidence. There are rules against some scientific evidence being introduced without proper foundation from experts, and some evidence is excluded as hearsay. Otherwise, evidence is broadly acceptable.
The burden of proof to win your case is the “preponderance of the evidence standard.” This means you need to show your claim is more likely than not to be true – essentially a “more than 50%” standard.
In these cases, the jury decides the case – a neutral party legally sworn to judge you fairly and without bias. That often means you can win by simply proving the facts rather than trying to convince the insurance company to pay you.
Call Our Car Accident Lawyers in Texas Today to Get Started
For help with a claim, call the McKinney, TX personal injury attorneys at The Queenan Law Firm by dialing (817) 476-1797.