Passengers who are seriously injured in a car accident have the right to seek compensation for their injuries. This is true regardless of who caused the accident. This means that you may pursue compensation, whether the accident was caused by your driver or a driver in a different vehicle.
As a general rule, every driver is expected to operate their vehicle in a reasonably careful manner. When a driver is negligent behind the wheel, it can lead to accidents and injuries.
Proving that your injuries are due to negligence
In order to establish negligence in an automobile accident, you must demonstrate that each of the four elements of carelessness was in play when the accident occurred. These include:
- Duty: All drivers have a responsibility to operate their vehicles safely and considerately to protect others from harm.
- Breach: A breach of duty occurs when someone drives recklessly and causes injury or harm to others who are on the road. An example of a breach of duty is texting while driving.
- Causation: You must prove that a driver’s negligence caused your injuries. For example, the driver ran a red light, hit the car you were in and injured you.
- Damages: You must show that your injuries led to damages such as loss of income, exorbitant medical bills, pain and suffering and permanent disabilities.
Presenting documentation to support your claims is one of the most crucial aspects of a car accident case. This should include:
- A police report
- Witness statements
- Photos of the accident scene
- Medical reports and treatment plans
Gathering all of this information may take a lot of time and effort. When you are recovering from your injuries, this may seem like a daunting task. Therefore, it makes sense to seek assistance with the process.