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Was negligence a factor in your car accident?

We often discuss negligent or reckless behaviors that can and do lead to motor vehicle accidents on this blog. We talk about drivers who crash while they are drunk, distracted or driving dangerously and how, in many cases, they can be held liable for the damages that result from their behaviors.

However, personal injury claims stemming from a car accident can be very complicated. Believing that a driver was negligent and proving it in court are two very different things, and there are a number of legal obstacles that must be cleared before a person can collect damages, including the requirement to establish that negligence contributed to a crash.

Simply stating that a driver was negligent is not enough to support a claim. For instance, a person does not just go to court and say that a driver was seen texting before a crash in an attempt to collect compensation.

The legal process is more defined than that. There needs to be a number of legal elements fulfilled in a successful claim. This includes:

  1. Establishing that a driver had a duty to a victim;
  2. Providing evidence that the driver breached that duty by not acting with reasonable care;
  3. Showing that the injuries would not have been suffered but for the driver's actions
  4. Confirming that damages resulted from the legally recognized negligence.

These requirements must be fulfilled in order to collect damages from a negligent driver. Depending on the details of a car accident, it can be very difficult to meet these legal requirements and persuade a judge or jury to see your side. This is why so many victims of car accidents work with a personal injury attorney to pursue a claim. 

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Mitchell & Shapiro LLP
3490 Piedmont Road NE, Suite 650
Atlanta, GA 30305

Phone: 404-997-8972
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