You expect all the drivers you encounter on the road to take safety seriously, but this is not always the case. Some drivers are distracted by mobile devices, while others drive at excessive rates of speed or flout traffic regulations.
When an accident occurs and you’re considering legal action, you must prove that the other driver behaved in a negligent manner. Negligence falls outside the expected, reasonable behaviors necessary to keep yourself and others safe on the road. While proving that a driver behaved unreasonably may seem relatively cut and dry, it can often be more difficult than you think.
What Elements Are Necessary to Prove Negligence?
As the plaintiff in a negligence lawsuit, you’re obligated to meet certain criteria to establish a claim against another party:
- The other driver owed you a duty of care. All drivers who share the road owe a duty of care to other drivers. This means drivers must behave in a careful and cautious manner to prevent accidents and injuries to others. Duty of care is relatively easy to prove since all motorists are obligated to conduct themselves in the same manner.
- This duty of care was breached. To prove duty of care was breached, it must be shown that the defendant acted in a way that a reasonable driver would not. Reasonable drivers follow the rules of the road, drive at a safe speed, yield when others have the right of way, and never drive under the influence of drugs or alcohol.
- This breach directly led to your injuries. A doctor’s assistance is often necessary to establish the cause of your injuries. For example, if your vehicle is struck by another and you experience whiplash or a broken bone, a medical report will provide essential details. Pictures from the accident can also be illuminating, particularly damage to each vehicle.
- You suffered losses because of what occurred. You can be compensated for the injuries you incurred, including subsequent medical treatments. You can also be compensated for lost wages, which may be a factor if your injuries are severe and you’re unable to work for a period of time. If there is property damage, the defendant will be responsible for costs incurred. Pain and suffering can also be pursued, which covers both physical and mental pain.
What Should You Do If Injured by Another’s Negligence?
If you’re pursuing an injury claim in Albuquerque, Hinkle Law Offices is proud to lend a hand. Our personal injury attorneys have seen the damage negligence can cause, which is why we’re so passionate about what we do. We have the right experience to help you satisfy all the necessary elements of a negligence case. We’ll also be your shoulder to lean on during your recovery. Schedule a consultation by calling (505) 883-4357.