Victims in a car crash can be severely injured or even killed by a negligent driver in the other vehicle. It can mean months of recovery involving physical injury, emotional trauma, and financial hardship to victims and their families. Those severely injured often never fully recover from the overwhelming consequences of the incident. Moreover, a negligent or at-fault driver who was not acting responsibly can make matters seem more devastating. In Texas, victims can file a lawsuit against the other driver to pay for damages not covered by insurance if they can prove the other party was negligent. But, what is negligence?
There are four elements of negligence that must be established by the plaintiff to do this.
4 Elements of Negligence
Each incident is different, but negligence generally involves the following:
- Duty: Our fellow motorists must obey the rules or laws of the road. This enables others the safe use of the roads if they also exercise proper driving protocols.
- Breach: This is the violation of the duties that should be fulfilled by fellow drivers. Common examples include distracted driving, driving under the influence, failure to yield right of way, and speeding. Witnesses often corroborate this.
- Causation: Victims must not just show breach but also that the negligent driver caused the injuries and damage. This may be done with the help of expert testimony from medical experts and accident reconstructionists.
- Damages: This involves both the victim and their property. Experts can show the source of the cost and how severe it is.
Personal Injury Attorneys Can Help You Prove Negligence
The right personal injury attorney has a deep understanding of the law and experience handling similar lawsuits. It enables them to oversee the legal action while the victims and family members can focus on their recovery during this difficult time. This often means compensation for lost income, loss of consortium, expenses related to the injuries as well as the pain and suffering involved.