Car accidents can be really devastating to the victim, not only in terms of the physical injuries but also the psychological and social trauma to consider, not to mention a potentially drastic and forced change in lifestyle. All these are if the accident was not fatal enough to take the life of the victim.
The least that can be done for a victim of a car accident is the meting out of justice to the offender. This can only be done when the offender has been charged to court, and a strong case has been made against him. To build a strong case, you need to clearly examine the offender’s fault in the accident and the reason it happened.
When it comes to car accidents, the most likely cause is negligence. Of course, there are other causes of car accidents, and finding the right car accident lawyer can help you make an accurate decision on what cause to place a car accident under. But an overwhelming majority of all car accidents are caused by negligence. So what then is this negligence, and how does it establish that it occurred play a significant role in building a solid case against the offender in court?
Negligence can be defined as the accused’s failure to do something that he was supposed to do. It can also be defined as when the accused did something that he was not supposed to do. These can come in various forms (which we would talk about later) and for various reasons, such as getting distracted, nervous, excited, intoxicated, and so many more. Most of the time, the accused did it unintentionally, but it was definitely an intentional act of negligence in some other cases.
Negligence, especially as a cause of car accidents, is treated with serious ramifications in the law court because of the potential damage it can cause its victims. Hence when it is successfully proven in court, it gives the case a significant boost and almost single-handedly guarantees its victory.
How To Successfully Prove Negligence
Though slightly challenging to do, negligence can be proven by a competent lawyer if the following elements can be found in the case. They include:
A duty of care:
A duty of care refers to the fact that the defendant has a responsibility, bound by law, to express care by ensuring the plaintiff’s safety during their interaction on the road. To ensure that these happen, rules of engagement for various road users were set up. Every road user needs to understand these rules and act accordingly to be kept safe while using the road.
Breach of care:
This is the defendant’s failure to perform his legal obligation when it comes to duty of care. This act is where negligence comes in and is the linchpin of the case. This comes in various forms, but it usually involves the flouting of at least one of the traffic rules in ways such as overspeeding, disobeying traffic lights, driving against traffic or under the influence, and many more. The reason for this can be an oversight or a careless act of thoughtlessness. Regardless of which, establishing this would attract punishment from the law to the defendant.
Connection of accident to breach:
Now, this is the tricky part. You have to be able to present your case so that it is clear that it is the breach of care by the defendant that is the direct cause of your accident. Your lawyer needs to be able to show the court that if not for the defendant’s actions, that accident would not have happened.
This element talks about what the accident has cost you, the things you have lost because you were a victim of that accident. It could be the money spent on your treatment or the loss of your means of livelihood, business opportunities, way of life, among others. This is what forms the basis for the kind of redress you are praying for the court to grant you.
Being a victim of a car accident can be really devastating and disheartening, that’s for sure. And while it can’t totally heal the physical and emotional hurt, getting justice through the law court is definitely the right thing to do. If you can prove negligence and get a good lawyer, it wouldn’t be too hard.