Recovering Compensation For Damages Caused By A Driver’s Negligence
When you get on the road, you have responsibilities. You should adhere to traffic regulations and proceed safely to avoid crashes and to prevent harm to others. If a driver acts negligently, then he or she is liable for the damages that they cause in the accident.
If you can show that the other driver was negligent, then you can have a successful personal injury claim and recover compensation for all your damages suffered in the auto accident. There are four elements of negligence, and all four elements of negligence must be proven.
The Four Elements Of Negligence
When reviewing the details of an auto accident, you will want to show that all four elements of negligence have been met. Here is an example of how those four elements might come into play.
• The first element is to show that the driver owed you a duty. Every driver on the road owes others an obligation or a responsibility to drive safely and to protect others from harm. That means that the driver must adhere to traffic laws and be attentive to his or her duties while behind the wheel of the vehicle.
• The second element is a breach of duty. You must show the other driver didn’t live up to his or her responsibility or duty. As an example, the driver was speeding and inattentive, so he or she slammed into your car from behind while you were stopped at a traffic light.
• The third element of negligence is showing that the breach of duty caused the accident in which you were injured. As an example, you will prove that if the driver wasn’t speeding, or if he was paying attention, he would have had time to stop and wouldn’t have hit you from behind.
• Then the last or fourth element of negligence is to show that you suffered damages. The damages you suffered were caused by the accident that resulted from the driver’s breach of duty. You will need to provide documentation that shows your damages, of both the economic and non-economical nature.
When you can show these four elements apply to your crash, then you can prove that the other driver is liable for your damages. When you enlist the help of a personal injury lawyer, you are much more likely to have a successful claim.
Pursuing A Personal Injury Claim Because Of An Accident Caused By Negligence
If an accident caused by another driver’s negligence in the Portland/Vancouver Metro Area, you should enlist the help of an auto accident injury lawyer who is skilled in negotiating with insurance companies. If a fair settlement cannot be reached, then your personal injury attorney will represent you in court. Schedule a free case evaluation with The Harlan Law Firm today by calling (360) 735-8200.