When you are in a car accident, there are many things that run through your mind. Costs, who’s going to pay, do I need a lawyer, what about my car, and many more questions need answers.
If you are the victim of a car accident, where someone else is at fault, you will need a lawyer to help you handle all the different aspects of the law. The Tapella Law firm is a good place to start when you need legal help after a car accident.
No matter what state you have the accident in, there are four basic elements you must prove in order to prevail in a court case against someone who hit your car.
The four elements are: breach, harm, duty, and causation. If these four causes are met in the eyes of the court, then you will win your case against the individual who hit your car.
Below are 4 ways that the legal system helps you as a car accident victim.
Direct evidence is where you prove breach. This could be traffic surveillance videos, admission of fault, or an eyewitness. There is also circumstantial evidence that can be collected at the scene and entered into evidence. That evidence includes blood alcohol numbers, paint smudges on the car, and skid marks on the ground.
Someone who hit you while driving and was distracted or under the influence would be operating under a breach of the rules of the road. This would mean the accident was not your fault.
If you can prove harm, not a near miss, but actual harm, you will win your case. You as the plaintiff could be compensated for lost wages, grief, pain, and medical expenses.
What reparation to ask for would be determined by your lawyer. He or she will calculate the value of your pain and suffering, then add in lost wages and all the medical bills.
Drivers have a duty to obey the rules of the road. They are responsible for operating their cars at a safe speed, in addition to maintenance on the car to insure proper operation at all times.
This is one of the easiest elements to prove as a judge typically does not dispute the duty of the driver accused of fault.
The defendant, the driver at fault, has a duty to operate their car in the proper manner. If it is shown that their driver breached the duty of driving, the court will not leap to the assumption that the circumstances cause your injuries. You must show cause.
Causation is typically shown through demonstrating that the injuries were consistent with the car accident in question. Using medical testimony is best when proving the injuries were not there before the accident and only occurred because of the defendant’s negligence while driving.
Remember, when you are in a car accident, the first thing to do is make sure everyone is okay. If there are serious injuries, be sure to call 911. Even if there are no injured parties, call the police to obtain a police report. This is always a must.
You will also need to remain silent. Don’t assume you are at fault, or that the other person is at fault. That is for the legal system to work out for you.