Elements Associated with Negligence

black vehicle steering wheel

Being involved in a car accident often results in serious injuries, be they physical or emotional. The key to determining whether or not you have a personal injury case is if all four elements associated with negligence are present and can be successfully proven. Many accidents are simply that. Unexpected events occur despite the best efforts of those involved. Little can be done to avoid the crash, no matter how people try to avoid it. If you are going to file a personal injury claim, you will need to prove the other party was negligent.

The Duty to Care for Others

When you get behind the wheel of a car, it is up to you to act safely and responsibly. Driving is a privilege that many enjoy. You must be prepared to accept responsibility if you cause an accident. If there was no way to avoid the accident, no one would be at fault. The key to the duty to care for others concept is whether you knowingly and willingly performed an act that caused the accident that resulted in another person’s injuries.

A Violation of Duty

When a person is found to be at fault for an accident, it is believed they have violated their duty to be mindful of the safety of others. The violation of this duty is another element in the process of determining negligence. You will have to prove that the other person acted negligently and without thought or concern for the safety of others. This isn’t always as simple as it sounds. It may require more than eyewitness testimony.

Violations that Result in Injury

If the violations are proven to be true and the person has been determined to be negligent, they will then be declared responsible for any injuries that have resulted from the accident. It will be up to the judge to determine to what degree and how much you will be compensated for. This will vary depending on the severity of your injuries and the length of time you may end up dealing with the aftermath. In some cases, the more subjective “injuries”, like pain and suffering, may also be considered.

The Ability to Prove Suffering

The final element of determining negligence is proving that the injured party suffered in some way. Physical pain/discomfort and emotional trauma are the two types of suffering a person can be compensated for. A car crash can result in multiple physical injuries as well as the psychological effects that a person sometimes experiences. Proving mental and emotional anguish is much more difficult than the pain associated with a physical injury.

When you begin your search for a car crash attorney in Grand Junction, CO, you will want to explore several options. Meet with three or four and ask pointed questions. Gather all of your evidence and present it to the attorney. They will be the ones responsible for handling your case. If you have questions or concerns, make sure your attorney can provide you with the answers you need.