How to Prove Negligence in a Company Vehicle Crash
You are driving along on an uneventful day, when suddenly it is not so uneventful after all. That is because a service truck winds up smashed into your own vehicle. Not only does it put a damper on your plans and a dent in your vehicle, you are also going to require hospitalization for injuries. While you are busy recuperating, you may benefit from having an experienced, local personal injury attorney investigating the case and preparing a personal injury lawsuit.
Proof of Negligence
In order to collect the damages, you deserve to address injuries, lost wages, and additional expenses, the first step is to establish that negligence was at the root of the accident. That encompasses four key elements:
- Duty of Care: This is the easiest part of the case, as no one tends to disagree that motorists have a basic duty to operate vehicles in a responsible and safe manner.
- Breach of That Duty: This may be a little more challenging. It will be necessary to demonstrate that carelessness (not simply weather or road conditions) resulted in the collision.
- Causation: Once the breach of duty has been established, it will be necessary to prove that the injuries suffered were a result of the collision.
- Damages: At this point, it is time to demonstrate that there were real financial costs associated with the accident, from the actual medical bills to the pain and suffering and more.
How to Prove the Negligence
What will it take to prove that negligence was the key factor in the accident? Depending on the circumstances, there are a number of pathways to that proof. Having a police report can oftentimes be a great asset. Additional evidence to support your claim might include the following:
- Medical records that demonstrate that the driver of the service vehicle was using drugs or alcohol that impaired driving ability;
- Witness testimony supporting the claim of negligence, such as testimony reporting speeding, texting, or other negligent behavior while behind the wheel;
- An arrest of the other driver, indicating a violation related to negligence;
- Photographic or video evidence, either of the accident itself, the moments leading up to the accident, or reflecting the outcomes following the accident;
- An admission from the other driver that they were to blame for the accident;
- Records demonstrating that the vehicle was improperly maintained and malfunctions caused the accident.
Proceeding With Your Case
Unfortunately, traffic accidents are all too common, leading to serious consequences to innocent victims of negligence. The Temecula Personal Injury Attorneys at Gibbs & Fuerst understand your pain and will aggressively pursue damages on your behalf. Schedule a confidential consultation today.