Millions of auto accidents each year result in injury or death. Some of the injuries that car accident victims receive are permanent. Regardless of whether the repercussions are short- or long-term for the victim, the unanticipated financial strain can be virtually impossible to juggle with all the other expenses that they have in their life. This is why it is possible to recover these costs in court through a personal injury lawsuit. First, however, you must be able to prove negligence. Here are the four elements that help prove negligence in an auto accident claim.

Duty of Care

The duty of care is the legal responsibility that is taken by a driver when they get behind the wheel of a vehicle. This duty of care consists of avoiding any behaviors or actions that could potentially lead to injury or death. Drivers should demonstrate the same level of caution, attention, watchfulness, and judgment that a rational individual would toward any other driver as well as the general public.

Breach of Duty of Care

A driver is said to have breached their duty of care when they fail to uphold the aforementioned legal responsibility. Some specific examples of a driver breaching their duty of care include running a stop sign, failing to yield, speeding, texting while driving, driving while distracted, or driving under the influence of drugs or alcohol.

Causation

Once the duty of care has been established and it has been proven that the driver has breached that duty of care, it must be proven that the breach of duty led to the actual auto accident and the injuries that resulted from that accident. This is an important step because it is possible for a driver to be deemed at-fault for a collision without also being responsible for the injuries the victim sustained. However, if the accident resulted in the injury, then the at-fault driver would be legally responsible.

Damages

The last step in proving negligence in an auto accident lawsuit is to show that the accident resulted in some kind of damages for the victim. Damages are considered personal and financial losses that are suffered as a result of the auto collision. These losses can include anything from medical bills and vehicle repair expenses to lost wages and individual pain and suffering.

In the event that a loved one was fatally injured in the accident, wrongful death damages can also be included. For more information, contact a personal injury lawyer.