What Are The Requirements For Suing A Negligent Driver?
Negligent drivers are the primary cause of several car accidents. Careless and reckless behavior, such as not following traffic laws, can quickly lead any driver to an accident. If you have been an accident victim due to another driver’s negligent behavior, you should hire a lawyer from robertkinglawfirm.com.
If the accident victims decide to build a legal case, they can likely obtain compensation from the negligent driver. If the injuries and damages are severe, it would be helpful to sue the negligent driver. In such cases, it would also help if you knew the basic requirements for suing a negligent driver.
Requirements victims must meet to sue a negligent driver.
Following your accident, it is essential to follow certain rules. You must meet the following criteria mentioned below.
- Prove negligence
To sue a driver for damages, you must be able to prove that the driver was negligent. Negligence refers to a failure to act with the level of care that a reasonable person would use in a similar situation. In the context of a car accident, the driver failed to take reasonable precautions to avoid causing the accident.
- Establish causation
To succeed in a lawsuit, you must show that the driver’s negligence caused your injuries. You must clearly connect the driver’s actions and your damages.
- Show damages
To recover damages in a lawsuit, you must be able to show that you suffered injuries as a result of the accident. Damages can include medical expenses, lost wages, and property damage.
- Meet the statute of limitations
In most states, there is a time limit for filing a lawsuit. This time limit is known as the statute of limitations. If you fail to file your lawsuit within the statute of limitations, you may be barred from recovering damages.
What evidence can be used as evidence against a negligent driver?
Evidence is one of the most important aspects of filing a car accident claim. When filing a car accident claim, you must provide reliable evidence. Some of the pieces of evidence include:
- Police report
A police report can provide important information about the circumstances of the accident and may include a determination of fault. Usually, when you report the accident to law enforcement, the police file a report based on the accident scene. The reports contain crucial information about the accident, which helps in establishing the at-fault party.
- Witness statements
There may be various people present during the accident. People who saw the accident happen can be witnesses to the accident. Their statements can provide valuable evidence about what happened before, during, and after the accident. You can collect their contact information and contact them after the accident to ask for their statement.
- Medical records
Medical records can be used to show the extent of your injuries and the treatment you received as a result of the accident. Your medical records should include your test reports, bills, prescriptions, doctor’s notes, and more. You should visit your doctor as soon as you get into an accident. From the day of your doctor’s visit, ensure to preserve all the evidence and record of your medical records.
Photographs of the accident scene and any damages can be used as evidence to support your claim. If possible and safe, it would help if the victim clicked pictures of the accident site. You can click multiple pictures and videos of the accident scene and the area surrounding the accident. Additionally, pictures of the damages to your vehicle and injuries can also assist in proving the damages and injuries the negligent driver caused.
- Expert testimony
In some cases, it may be necessary to use expert testimony to help establish negligence, causation, or damages. It can include testimony from accident reconstruction experts or medical professionals.
Statute of limitation to sue a negligent driver.
If you are going to file a car accident claim after your accident, it is essential to follow the statute of limitations. Simply put, you must meet the deadline stated by your state’s law. Usually, you get two years from the day of the accident to file a car accident claim and seek compensation. If you fail to meet the statute of limitation, the insurance company will deny compensation, and you will not be eligible to file a claim.
How to protect your case from being denied by the insurance company?
Often victims do not realize their minor mistakes can affect the outcome of their case. Sometimes, you may commit these mistakes unintentionally and end up losing your chance to seek compensation and hold the negligent party accountable.
To protect your case, it is essential you follow these tips.
- Always seek medical treatment after your accident. Do not ignore your physical injuries or miss out on your treatment.
- Keep up with your doctor’s treatment. You should always obey your doctor’s words. This is because if you disobey or fail to follow your treatment, the insurance company will be quick to claim that your injuries are not serious.
- Avoid posting anything on your social media profiles. Even if you think your account is private, nothing is private once it is posted on the internet. Refrain from speaking about the accident on the internet, your injuries, how you are feeling, and more.
- Do not provide an oral statement to the insurance company. The insurance company will ask you for an oral statement after your accident. However, you can politely decline and ask the insurance company to accept your written statement.
- Refrain from speaking about your accident or injuries to anyone else besides your attorney.
- Do not give additional information to the insurance company. Every word you speak with your insurance adjuster will be used against you. Therefore, before speaking to your insurance adjuster, ensure to speak to your attorney.
- When going for IME, ensure to take someone with you. IME is crucial, and therefore, having someone with you during your exam will help in understanding what the doctor is doing and whether they are doing something wrong.
Have an attorney by your side!
It is essential to speak to an attorney when seeking compensation for your damages and injuries. With the assistance of an attorney, you can hold the negligent driver accountable.