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What Is Negligence In a Car Accident Injury Claim?

What Is Negligence In a Car Accident Injury Claim?

If you are injured in a car accident, you may have grounds for a personal injury claim. In these claims, however, it is crucial to prove that the injuries you suffered are the result of the negligent actions of another. While negligence is easy to understand on paper, proving it in court is typically far more complex. In this blog, our North Carolina car accident injury Attorney take a look at the four elements of negligence.

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1. The Driver Owed You A Duty

The process begins by proving that the driver had a responsibility to act in a certain way. In car accident cases, evidence like the North Carolina Driver’s Handbook can be invaluable as it establishes the way a driver is supposed to act in certain scenarios. Examples of a driver’s duty include:

  • The duty to stop at a red light
  • The duty to drive in accordance with posted speed limits
  • The duty to keep your car safely maintained

2. The Driver Breached This Duty

Once you have established that the driver was supposed to act in a certain way, you then must prove that they deviated from this duty. While this sounds easy, real-life situations are often very complex. Your Attorney may use police reports, accident reconstruction specialists, and other pieces of evidence to prove this.

3. The Breach Directly Caused Injuries

At this stage, you have proven that the driver owed you a duty, and that they breached this duty. You must then prove that you suffered injuries as a result of the breach. Your medical records will be a valuable piece of evidence in this stage of the process.

4. You Suffered Monetary Losses

The last step is essentially valuating your injuries and other losses you’ve suffered, referred to as ‘damages.’ Things like the cost of a replacement vehicle are relatively easy to assign value to; things like pain and suffering are not. A quality Attorney is extremely important at this stage, as they can fight for the fair compensation you deserve.

Don’t settle for less. Pursue fair financial compensation by calling us at (919) 701-8132 today.


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