13 April 2015
 Categories: Law, Blog

If you were involved in a vehicle accident, it might have been due to negligence of the other driver. Negligence is a method of behavior where the person acted in a careless manner that caused injury, harm, or loss of another person. If you believe that your car accident was due to negligence of another driver, you might have a case against them. Here is more information about negligence-related car accidents and how to file a claim.

Why Negligence is a Liability

Negligence may seem like a harmless mistake, but legally, it isn't. Negligence is considered an avoidable occurrence, because that person knew what was expected of them, but were thoughtless in their driving habits. Someone who knows they should not be speeding, but does so anyway, and causes an accident, should be held liable. The same can be said for someone who chose to run a red light and hit someone else in the process. Negligence in this way is something that caused the accident that would have otherwise been avoided if they if they had drove responsibly.

Proving Their Negligence

The most difficult part of any personal injury lawsuit is finding proof that someone else's actions caused your injury. In this case, it will be a matter of proving they were driving negligently and that is what caused the car accident. You must be able to show that the other driver was not careful and that it was not merely an avoidable accident. For example, if the person ran a red light, was speeding, ran through a stop sign, or was driving erratically, these are unsafe behaviors that could have been avoided. However, if they were following all the rules and the collision is deemed an accident, you won't have a case.

There are a few different ways to get valid proof of their negligence. The first way is by taking pictures of the scene if you are physically able to do so. The pictures can show an insurance adjuster exactly how the accident took place. Another way is by asking people nearby if they witnessed what happened. Someone might have noticed that the person was driving very erratically and that is what caused your accident. Ask for their personal information so they can become a witness of the collision.

Proving Your Injuries

Another aspect of this type of personal injury lawsuit is proving your own injuries. You must be able to show solid proof that you were injured as a result of the accident. This includes a visit to the hospital via ambulance or visiting the doctor on your own accord, saving receipts of co-pays and other medical bills following the accident, and any prescriptions or procedures you needed. If you got whiplash and a neck injury from the accident and needed physical therapy, make sure you save all of that documentation.

Get a Lawyer

Find a personal injury attorney that has dealt with similar cases before. David H Harris Jr, Attorney, can help with your case. They should be experienced not only in personal injury cases, but those related to car accidents from negligent driving. They will be able to go through your proof, accident reports, police reports, and other documentation to present during the claim. They can also help if your original claim is denied and it leads to a lawsuit.