Negligence is the legal basis for all personal injury claims in California. If you’ve been hurt in a road traffic collision, proving negligence is key to recovering compensation.
What does negligence mean, and how can you go about proving it?
Duty of care
All road users have a legal duty to drive as safely as possible. This includes obeying traffic laws, paying attention to the road and avoiding reckless behavior. In California, all drivers owe this duty to other drivers on the road. Passengers, cyclists and pedestrians also have a duty of care and are owed a duty of care.
Breach of duty
A breach of duty occurs when a driver fails to act as a reasonable person would in a given situation. This might include speeding, running a red light, texting while driving or following too closely. To prove negligence, you must show that the other driver’s actions fell short of what is expected from the average road user.
Causation
It’s not enough to show that someone was careless. Their actions must have caused the accident and your injuries. In legal terms, this is called “causation.” For example, if a driver ran a red light and hit your car, their breach of duty caused the crash.
Damages
Finally, you must prove that the accident caused actual harm. This can include physical injuries, vehicle damage, medical expenses, lost income and pain and suffering.
Car accident claims in California depend on proving each of these four elements. Without evidence of negligence, your case may not succeed. If you’ve been injured in a road traffic collision, seeking legal guidance can help you fight for the compensation you deserve.
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