Proving negligence after a motor vehicle accident

On Behalf of | Jan 15, 2021 | personal injury |

From fender-benders to devastating head-on-collisions, any New Jersey motor vehicle accident can cause serious injury to the parties involved. Many of these accidents are caused by the negligence of one or more people. Negligence refers to a breach of a duty owed to another person which causes an accident resulting in injuries.

If another party’s negligence caused your accident, you and your attorney may consider filing a personal injury lawsuit against them to recover compensation for medical expenses, lost wages, pain and suffering, and other damages.

Proving a clam for negligence after an accident

In order to recover damages for negligence, you will need to prove four basic elements. These elements include:

  • Duty – All motorists owe a duty to other drivers, passengers, pedestrians, and bicyclists to operate their vehicles responsibly.
  • Breach – When a motorist acts negligently behind the wheel, they have breached the duty owed to others. Negligent driving may include any traffic violation, including speeding, running a stop sign, or failing to yield the right-of-way. Drunk driving, distracted driving, and drowsy driving are also forms of negligent driving.
  • Causation – The breach of duty directly and proximately caused the motor vehicle accident in question.
  • Damages – The accident victim suffered personal injuries and/or property damages as a result of the collision.

If you have been a motor vehicle accident, a personal injury lawyer can assist you with collecting evidence to prove your claim and recover the damages you deserve.