When you’re involved in an auto accident and another driver is at fault, it will be necessary for your car accident lawyer in the Twin Cities to prove the other driver’s negligence. While this may seem like an easy thing to do, it requires a little more than simply proving that the driver was at fault. The following factors must be proven in order to establish negligence.
Show a Duty of Care
This part of proving negligence is fairly straightforward in that you merely have to show that the defendant was required to act in a certain way. In terms of a driver on a public road, their duty of care is to obey traffic laws and make reasonable attempts to ensure the safety of others on the road.
Establish the Breach of Care
The next phase is to show that the other driver breached their duty of care. If the driver was ticketed for speeding, running a stop sign, or driving recklessly, that may be enough to show that the duty of care was breached.
Show the Driver Caused Your Injuries
Your car accident lawyer in the Twin Cities must also show that the breach resulted in the injuries you suffered. This means that there must be a proximate correlation between the accident and the injuries you suffered. For instance, if you suffer a heart attack three hours after the accident, the at-fault driver cannot be blamed for your heart attack. However, if you suffered traumatic head injuries, the driver may be held liable for your medical care.
Establish Financial Damages
Finally, your attorney will have to be able to prove that you suffered damages that can be financially calculated. This will involve submitting medical records, estimates for repairs to property damages, and other documents to the court. These records will help your lawyer justify your claim for damages.
