As aninjury lawyer, we understand the importance of proving negligence in each case. In order for you to pursue damages, you need to show that the other party was negligent, and that negligence led to your injuries. For example, if you were hurt when you were speeding too fast and ran into a poll – you would be negligent and not have a claim. If, however, you were driving, and another driver was speeding and lost control, they would be negligent, and you could pursue damages.
Proving negligence is easier to do in certain cases. When the other driver was speeding or driving while drunk, there is a clear case for negligence. Calling the police after an accident can sometimes help to prove your case. If they come to the scene and give the other driver a ticket, that can be helpful evidence. If, however, you are given a ticket as well, we will need to gather additional evidence that can prove who is negligent.
In order to claim that the other party was negligent, as an injury lawyer, we need to prove the following:
- They were supposed to act a certain way. This is called duty. If you were hurt in a car accident, the other driver had a duty to follow the rules of the road.
- There was a breach of duty. We need to prove that they acted contrary to how they were supposed to. This is where a ticket, an eyewitness, or accident report can help to prove the details of what happened.
- They caused your injury. Proving that your injury was caused due to their actions is essential to making a claim. The other party will often try to prove that you received your injuries either before or after you claimed. They may also try to demonstrate that you were negligent and contributed to the accident and your injuries. We must present evidence to the contrary.
- They should have known better. A true accident happens when someone would have had no way of knowing that their actions could lead to someone being harmed. In the case of a driver speeding, this is not the case. They should have known that driving too fast could lead to an accident and someone getting hurt. If your personal injury claim is against a business, it can be more challenging to prove that they should have known their action or inaction could lead to an injury. We can, however, do so with the right type of evidence.
- You experienced actual harm. In order to have a claim, we need to prove that you were indeed harmed. This could be physical, financial or both. Your medical records can help to prove this. If, however, you were in an accident and felt a bit sore but didn't seek medical care, and your car was fine, you probably don't have a claim.
As a Texas injury lawyer, we can review your case and let you know if we can prove the other parties negligence. If so, we will advise you as to how to proceed in order to get the damages that you deserve for your injuries.