Auto accidents are among the most common yet most dangerous causes of injury and damage. Almost always, a driver is at fault for an auto accident. Other factors include road hazards, weather conditions, and defective auto products.
If you are involved in an auto accident, an experienced Rockford auto accident attorney can help you claim compensation for the damage and loss you suffer because of the accident.
The legal framework of most states will require you to prove that the opposing party was at fault and that you have the right to claim damages. The primary aspect in establishing the opposite party’s liability for an auto accident is proving negligence. This refers to the failure of acting reasonably, especially in public settings.
How can you prove liability in an auto accident case?
- Proving that the driver had a duty of responsibility
All drivers are bound by a duty to fellow drivers and pedestrians to operate their vehicles safely. You must prove that the driver had the responsibility to exercise caution towards other users of the road.
- Proving that a breach of legal duty has occurred
Once you prove that the driver has a duty of responsibility, the next step is to establish a breach of this responsibility. For instance, if a driver skips a stop signal, they have made the road unsafe for other drivers in the vicinity. This is a direct breach of their duty. This breach equals negligence.
- This breach was the cause of the accident.
At this stage, it becomes critical to establish that this breach was the cause of the accident. If the driver were loyal towards their duty to exercise caution, no such accident would have occurred.
- This breach was the cause of your injuries.
Finally, it is not enough to prove only negligence and the cause of the accident. To claim damages, you must also be able to prove that the injuries for which you’re seeking compensation were a direct result of the negligence of the driver. This can include physical injury and agony, vehicular damage, or other types of loss.
Auto accidents are an unavoidable aspect of reality. However, there is no reason you should suffer for something that is not your fault. To make your case for claims stronger, you can collect evidence in the form of taking pictures of the accident, exchanging contact information with witnesses and the driver, and obtaining a copy of the police report you file. It is critical to contact an attorney at the earliest to avoid further loss.