Every motorist has a responsibility to drive with reasonable care. If they fail to do this and their actions end up causing an auto accident, they could be found negligent and legally liable for damages. The following four elements must be present to meet the legal definition of negligence.

How to Prove Negligence in an Auto Accident Claim

1. A Duty of Care

When a person is issued a driver's license, they are obligated to drive reasonably and responsibly, following the rules of the road. This agreement is the basic duty of care that all drivers owe one another. In a motor vehicle collision claim, this responsibility is already established since it is expected of all motorists.

2. A Breach of Duty

For a motor vehicle collision bodily injury claim to be successful, a driver must have violated their duty of care. That negligence can take several forms, but all result in one conclusion: The driver breached their responsibility to other motorists. 

A breach can either be a specific action or a failure to act in a reasonably responsible way. Speeding, running a red light, failing to give the right-of-way, and texting or talking on the phone while driving are all common examples of duty-of-care violations. 

3. The Breach Caused Harm

The driver's breach of duty must result in harm to the victim, which is usually in the form of bodily injury to another motorist or property damage in an auto accident. However, there must be a logical cause-and-effect relationship to build a strong case.

The liable driver's action or inaction must have caused the victim's injuries or vehicle damage. In a negligence claim, the injured party typically presents the argument that the accident would not have happened had the defendant's negligence—their breach of duty of care—not first occurred.

4. The Harm Results in Damages

Finally, the injured party's injuries and property damage must come with a dollar amount. Some aspects of a motor vehicle bodily injury claim are easily quantifiable, like medical bills, lost wages, and vehicle repair costs. Other elements don't have a defined value but are determined by the accident's severity and effects; these include compensation for pain, suffering, and loss of consortium or companionship.

If you've been the victim of a negligent driver, Bates & Slone, Attorneys at Law in Hindman, are here to help. For over 25 years, we have served clients throughout Eastern Kentucky, offering representation in auto accidents, personal injuries, and wrongful death claims. Serious Injuries, Serious Results. Call (606) 785-5581 to schedule a consultation, or visit them online to explore their accident services.