Proving Personal Injury Negligence
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When an individual suffers an injury and it is the result of negligence, you have the right to file a claim. Negligence is essentially the failure to exercise due care for the safety of others. This could include driving unsafely, failing to provide the proper level of care as a physician, failing keeping floors dry and free from hazards, or manufacturing products that when used as directed are unsafe for the consumer. When an individual or corporation fails to act in a reasonable manner with regard to the safety of others, it is very likely that they will be deemed to have been negligent.
Whether the case is the result of a car accident, motorcycle accident, truck accident or a product injury claim, an attorney at our office can help and will fight to win after an accident.
Proving Truck Driver Negligence
In order to seek compensation in a personal injury lawsuit, it must be proven that the person you claim is at fault was negligent and caused the accident. To do this, typically must establish four essential elements
(1) the defendant owed a duty to the plaintiff
(2) the defendant breached the duty
(3) the plaintiff sustained damages
(4) the plaintiff’s damages were caused by the defendant’s breach of duty.
This will be heavily dependent on the case. For example, in a car accident, the duty element is typically established by asserting that the driver owed a duty to other road users to not drive recklessly or endanger anybody else on the road.
The damages element is also fairly easy to establish. Photographs of damaged vehicles and medical bills are often good evidence that a plaintiff has suffered damages.
Proving negligence or breach of duty may be trickier. In the simplest cases, negligence may be established by showing that the driver was intoxicated or that the driver ran a red light. However, such clear-cut evidence is not always available. In these cases, thorough investigations into the accident may need to be conducted. Acquiring this evidence can help build a case that the driver made a negligent act or omission that ultimately led to the accident. Similarly, witness statements may need to be taken. A witness to the accident may be able to testify that the driver made an errant maneuver which led to the collision.
The standard to which individuals are held can vary. For example, a child will not be held to the same standard as a physician who must provide care to patients. Determining negligence is a critical aspect of any personal injury claim.
Our Injury Lawyers Are Here To Help
Our legal team at Zinda Law Group PLLC is very experienced in proving negligence on behalf of our clients and can help you get your claim resolved if you have been injured through the actions of another person.
In many cases, the question of negligence is clear, such as in cases of drunk driver accidents. In others, we may have to enlist the assistance of our resources to seek out the evidence to support our claim.
We are highly committed to helping you resolve your injury case and are unrelenting in seeking justice. You deserve a high quality, compassionate Personal Injury lawyer and we will provide the personal service you deserve.
