To prove negligence, you will need evidence to show that another party owed you a duty of care, breached that duty, and as a result, you suffered financial losses. For instance, if you file a car accident claim, photos of your vehicle’s damage, the police report, and traffic camera footage, this could help your case.
Ultimately, the evidence that could support your case will depend on your situation. A Dallas personal injury lawyer may be able to investigate your case and gather evidence to support your side of the story.
You Must Prove Another Party Owed You a Duty of Care
The first element of negligence involves proving that the other party owed you a duty of care. So, what exactly does this mean? Well, suppose you were injured in a car accident. All drivers (including yourself, if you are legally permitted to operate a vehicle) owe each other a duty of care. This means that you should not engage in any behavior that could potentially harm someone else.
Some examples of unacceptable behavior include:
- Distracted driving
- Driving while under the influence of alcohol or drugs
- Operating your vehicle in a reckless or careless manner
- Driving without a valid license
- Driving while fatigued
Drivers must operate their vehicles safely and cautiously. When a motorist engages in behavior that could cause a serious or fatal accident, they can be held liable for any resulting injuries and losses.
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You Must Show the Other Party Breached Their Duty of Care
When an individual breaches their duty of care, it means they have engaged in some sort of behavior that could potentially cause harm. For instance, if a driver went to a bar, consumed several drinks, and drove themselves home, that individual could be accused of being negligent.
To show that the other party breached their duty of care, some evidence to support your case could include the other driver’s cell phone records, black box data (if they were driving a commercial truck), and the police report.
You Must Demonstrate How the Other Party Caused Your Accident
You will need evidence to show that because the other party breached their duty of care, they caused your accident. Suppose a drunk driver rear-ended you. In this case, you would need to show that because the other driver was intoxicated, they caused your accident.
Some information that could help you includes the results of any field sobriety tests, photos of the accident scene, and traffic camera footage. If the other driver was issued a traffic citation, this could help your case as well.
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You Must Establish That You Incurred Financial Losses
If you were involved in any type of accident, such as a truck crash, construction accident, or pedestrian accident, you would need to show that you incurred financial losses. For example, if a drunk driver rear-ended you, you may have incurred medical debt, property damage expenses, and lost income.
Again, you will need evidence to show that you sustained financial losses due to your injuries. Your pay stubs, employment records, medical bills, and property damage receipts could help you prove the cost of your losses.
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How a Personal Injury Lawyer Can Help You Prove Negligence
After being seriously injured, you may not be in a position to handle your legal matters on your own. This is where a Dallas personal injury lawyer can step in and help you.
- Gather and review evidence to support your case
- Examine the cost of your damages
- File your insurance claim or lawsuit
- Explain your legal rights
- Manage your case’s obligations
Per Texas Civil Practice and Remedies Code § 16.003, time may be a factor in your ability to pursue compensation, so you should consider legal representation as soon as you can.
Connect With a Personal Injury Law Firm To Help You Prove Negligence
When thinking about what evidence you will need to prove negligence, you may want to consider how a Texas personal injury attorney could serve you. Regarding your particular case, you should think about how Loncar Lyon Jenkins could help you.
If you were injured due to a traffic accident, slip and fall incident, or work-related accident, our team can help you prove negligence and recover compensation. Whether you suffered injuries in an accident or a loved one was fatally injured, we are here to help with your personal injury case. Contact Loncar Lyon Jenkins at (877) 239-4878 to find out more about your legal options.