If you are involved in an auto accident, you may be eligible to file a claim against the other driver. Doing so can help you recover the expenses/losses you incur due to the crash.
However, to receive the compensation, you may need to prove certain elements, including:
1. Duty of reasonable care
Every road user (motorists, cyclists, motorcyclists and pedestrians) has a duty to keep others safe. Drivers should be alert and follow traffic rules to avoid causing an accident.
2. Breach of duty
If a driver hits you due to negligence, perhaps they were distracted, drunk or violating traffic laws, they may have breached the duty they owe you.
Demonstrating that a reasonable person would have acted differently under similar circumstances can help prove this element.
3. Causation
With this element, you will prove the other driver’s action caused the accident. Essentially, if the action didn’t occur, you would not have been injured (cause in fact).
Further, you may need to prove that the other driver could have reasonably foreseen the effects of their actions – they should have been aware that their actions might lead to an accident (proximate cause).
4. Damage
You need to have suffered damages to be compensated. These could include medical bills, lost wages, pain and suffering, vehicle damages or disability. Absent an injury or damage, the other party may have nothing to compensate.
Therefore, you should gather evidence to prove this element. Taking photos of your vehicle, injuries, debris and the surroundings can be beneficial. Medical records and notes explaining your pain levels are also crucial evidence.
Auto accident claims can be complex due to the above-discussed elements. Nonetheless, with legal guidance, you should prove them and, in turn, receive the compensation you deserve.
