February 6, 2023

Car Accidents in Shepherdsville: How to Prove the Negligence of the Defendant

If you have been harmed in a Shepherdsville car accident that was not your fault, you may want to recover damages either in settlement or court. To get the best chance of success, you must prove that the other driver’s negligence directly caused the accident and led to your injuries. This can be difficult to do on your own as you deal with your injuries and their impact on your life. That is why you should hire a Shepherdsville Car Accident Lawyer to handle the claim process for you. 

Right after the crash, the statement of the other driver, police, and witnesses may not match. So, you and your lawyer must prove the negligence of the other driver to the insurer or the judge to secure compensation. 

Proving Negligence in Car Accidents

To prove the negligence of the other driver, you need to give evidence that shows the driver acted negligently and caused the accident. Particularly, you must prove that:

  • The other driver owed you a duty of care. Every driver on the road has a duty to keep other road users safe. Thus, they need to behave safely, so they cannot harm others. 
  • The other driver breached their duty of care. Drivers who fail to act reasonably breach their duty of care. For instance, not obeying the law or ignoring it by driving while texting or speeding is a breach of their duty of care. 
  • The breach of duty of care led to your injuries. You must prove that the driver’s breach of their duty of care resulted in your injuries. 
  • You are eligible for compensation. You must prove that your damages or injuries happened during the accident. Also, you need to establish your right to compensation in a lawsuit. 

You should expect the defendant to refute some elements of your claim to avoid paying damages. You need to prepare for such arguments and work to protect your rights.

Importance of Evidence in Proving Negligence

It is imperative to gather evidence soon after the accident to make it easier for you to file a lawsuit against the at-fault party. This evidence can include eyewitness testimony, photos or videos of the crash scene, medical records, police reports, and phone records. 

You may be able to collect some of this evidence while you are still at the accident scene. And your lawyer can recover other pieces through the discovery process, which usually comes after a case has been filed. The discovery process includes written interrogatories, document production requests, and depositions.