When you are in a car accident, it can be frustrating because although you might be adamant that the other driver was to blame, it may be difficult to prove it with reliable evidence.
The best way that you can go about proving that the other driver was to blame is to show that they were guilty of negligence in some way. This means that, as drivers, they failed to fulfill their duty to act safely.
How can negligence be proven?
There are specific elements in a potential negligence case that must be proven beyond reasonable doubt if you are to be successful in your negligence claim.
The first is all about duty. All drivers have the duty to act safely on the road, and do everything that they can to prevent dangerous situations. This means that they have the duty to not drink and drive, use their phones or drive recklessly.
It must be proven that the driver breached this duty in some way. Perhaps the motorist was using drugs, speeding or had turned around to attend to a child.
Even if a duty was breached, it does not mean that it necessarily caused the accident. Therefore, it must be shown that if the driver had driven safely, the accident would not have happened.
Finally, a negligence case is only valid if there were significant damages caused.
If you are struggling to prove fault, it is important to think about these key elements of negligence and apply them to your situation. Thinking about how the evidence could support this and aid you is also a good idea.
Source: FindLaw, "Proving Fault: What is Negligence?," accessed Feb. 23, 2018