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How do you prove negligence in a car accident?

Whether it is during the day or well into the night, the roads in New Orleans can often be seen filled with motorists. Drivers may be locals or from out of town, but the reality is that all drivers have the knowledge required to drive safely, even those who are unfamiliar with the roads they are travelling. Unfortunately, not all motorists use this knowledge. In fact, a driver may be negligent or reckless behind the wheel due to distractions or even intoxication. Such a situation could be the cause of a serious or even fatal car crash.

How do you prove negligence in a car accident? When an accident victim believes that a careless or negligent driver caused a car crash, it is possible to take action to hold that person liable for any resulting harm arising from the accident. In order to do so, the injured victim must prove four elements.

The first element is that a duty was owed to the victim. With regard to driving, all motorists owe other motorists a duty to drive safely and abide by the rules of the road. The second element is a breach of that duty. This means that the driver in question breached the legal duty by acting or failing to act in a certain way. Here, this would mean acting negligent or failing to drive safely.

The third element is causation, which relates to the actions or inactions by the driver in question actually causing the accident victim's injuries. In other words, the injuries suffered by the victim must have been caused by the acts or failure to act by the driver in question. Lastly, the fourth element is that damages were suffered. To prove this element, a victim must show that he or she was harmed as a result of the errant driver's actions.

Satisfactorily showing these four elements can help an accident victim bring a successful action against a negligent driver. Each element can be fraught with legal complexities, though, which is why many Louisiana car accident victims choose to seek help from a qualified legal professional.

Source: Findlaw, "Proving Fault: What is Negligence?" accessed Feb. 19, 2017

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Kambur Law Firm, APLC
4700 Canal Street
New Orleans, LA 70119
Phone: 504-486-4700 Fax: 504-488-2153 Get Directions

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