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Proving Another Driver Was Negligent

Proving Another Driver Was Negligent

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Whether not obeying the rules of the road, texting, or driving under the influence of alcohol, driver negligence leads to many injuries and some deaths every year. In these cases, proving the negligence of the other driver is essential.

In 2019, 930 people in Alabama lost their lives in 841 car accidents. Every nine hours and twenty-six minutes, a person in Alabama was fatally injured in a crash. For every traffic fatality, there were approximately 50 injuries. In the same time period, a traffic accident was reported every three minutes and eighteen seconds. Those injured in car accidents often face severe injuries and many economic and non-economic losses. If another driver caused the accident, the injured parties deserve compensation for their injuries under the law. Proving another driver’s negligence is frequently challenging, requiring the knowledge and expertise of a Huntsville car accident lawyer

What is Negligence?

Negligence creates liability or legal responsibility. It is the failure to act in a reasonably prudent manner or in a way that another reasonable person would act in the same situation. Examples of negligent driving include:

  1. Texting or talking on the phone
  2. Failure to stop at a stoplight or stop sign
  3. Speeding
  4. Driving while under the influence of drugs or alcohol
  5. Driving while drowsy or fatigued
  6. Failure to maintain a vehicle
  7. Ignoring any other traffic laws

Even if you don’t think the driver who caused your accident was doing any of these things, they could still be negligent. To determine this, meet with an experienced Huntsville car accident attorney as soon as possible after your accident. Our legal team can evaluate what happened and determine whether another driver was negligent and should be liable for your injuries.

Proving the Legal Theory of Negligence

Knowing another driver was negligent is the only the beginning – you must prove that negligence in court or to the insurance company. To prove that another driver was negligent in causing a car accident, the four elements of negligence must be established. Having a skilled Huntsville car accident lawyer on your side to do this for you is ideal. These elements include:

  1. Duty: The other driver owed you a duty of care, for example, to stop at a stoplight
  2. Breach: The other driver breached that duty
  3. Injuries: Their breach caused your injuries
  4. Damages: Your injuries caused your damages such as medical bills, lost wages, and pain and suffering

If you or your Huntsville car accident attorney can’t establish each of these points with credible evidence, you won’t be able to prove the negligence of the other driver. Your attorney can use many pieces of evidence to accomplish this, possibly including:

  1. Cell phone records
  2. Police reports
  3. Video footage
  4. Witness testimony
  5. Medical records

Did You Suffer Injuries in a Car Accident? Call an Experienced Huntsville Car Accident Lawyer Today

If a negligent driver caused you to suffer injuries and damages, you have a legal right to pursue compensation for them. An attorney from Cloud, Ryan & Rouse can help you understand your rights and options as you seek a financial recovery from the negligent driver. Schedule your case review with an experienced Huntsville car accident lawyer by calling 256-801-1000 or contact us online.

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