If you were in a car accident caused by someone else’s careless or reckless driving, you may be able to win your case through negligence or a criminal charge. To prove the reckless driver’s negligence, you need evidence. This evidence may come in many forms, but common ones are photographs, witness statements, medical records, police reports, and more. Your attorney will gather these documents during the investigation process. In some cases, the evidence may even include the other driver’s insurance information.
Negligence per se
Whether or not you can pursue a negligence claim in a car accident depends on the state you live in and the kind of violation you’re suing for. While negligence per se may seem simple, there are some exceptions to the rule and pitfalls that can make it difficult to win a case. If you’re in this situation, you should consider consulting a car accident lawyer to get the most appropriate representation.
A Mesquite, TX reckless driving car accident lawyer will be able to make the strongest case possible based on the law. In California, this is known as negligence per se. It is a theory that allows a person to have legal leverage in a car accident case, but proving it requires some expertise. To be successful, the plaintiff must prove that the driver violated the law that governs the traffic laws.
In order to win your case against a negligent driver, you must demonstrate that the other party’s actions were the cause of the crash. Distracted driving is one example, and a negligent driver isn’t likely to have seen an oncoming car or signal. Ultimately, though, you must prove that the other party was negligent by providing an estimate of the monetary damages they incurred. If the other party was at fault, the accident may have never happened.
Likewise, breaking the law can qualify as negligent behavior. For instance, a driver who runs a red light is guilty of negligent driving. The law governing this is extremely strict, but it doesn’t mean that a driver can’t be at fault if the accident was his or her fault. A negligent driver can be found liable if the driver failed to follow traffic laws, was distracted, or failed to take necessary precautions.
Negligent behavior per se
When determining who is liable for a car accident, negligence per se can be a factor. Essentially, negligence per se is a form of personal injury lawsuit. Unlike other types of negligence lawsuits, negligence per se does not require the plaintiff to show that the other party breached their duty of care. Instead, the discussion centers on whether the violation caused the damages. However, the claim can be filed separately or fall under the more common category of negligence.
To establish that the driver of the other vehicle violated the law, it must be proven that the driver violated the law. In Missouri, for instance, a negligent driver must have violated a certain law to be liable for a car accident. A violation of a particular law can be proven by police reports or citations that were issued to the other driver. Examples of violations of the law include following too closely, speeding, or failing to yield.