While there are some car accidents that are completely out of our control, the reality is that a vast majority of accidents are caused by driver negligence. If a driver was reckless behind the wheel and struck your vehicle, you can file a personal injury lawsuit against them to recover damages for your medical expenses, lost wages, pain and suffering, and property damage.
In order to prove negligence, you will need to establish four elements in court: duty, breach, causation, and damages. In most motor vehicle accidents, drivers owe a legal duty to others on the road to operate their vehicles safely.
You will then have to prove that the other driver breached their duty to you by acting negligently. In most cases, any sort of traffic violation can constitute negligence. Following too closely, driving while distracted, failing to obey a traffic signal, speeding, or failing to yield are all common traffic violations, and are all forms of negligence. Once you have established that the other driver was negligent, you will need to show that your accident and injuries were caused by that negligence. In some cases, the other driver may argue that the injuries you are claiming happened prior to the accident and were not caused by the accident. It will be your job to dispute these claims with medical records and expert testimony.
The final step will be proving your damages. In many cases, the other driver will dispute the nature and extent of your damages by saying that the accident was not as serious as you are making it out to be. Again, your medical records, witness testimony, and expert testimony will help establish that you suffered injuries and that your medical treatment was reasonable and necessary.
Proving negligence is essential to recovering damages after a car accident. A personal injury attorney in Georgia can assist with your claim and help establish all the elements of negligence.