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Proving negligence in a car accident claim

On Behalf of | Sep 1, 2023 | Car Accidents |

Even car accidents that appear to be minor at first, can cause serious injuries. As a result, many accident victims end up with thousands of dollars in medical expenses, and they may not even be able to work as they recover from their injuries.

In at-fault states or tort states, like Montana, motor vehicle accident victims can file a lawsuit against the other driver or other parties who are at-fault for the accident. One of the most common causes of action brought against the at-faulty party in an accident is negligence.

If you are asserting that another driver was negligent, you will be required to prove or demonstrate the following elements:

  • Other driver had duty to operate the vehicle in safe manner, following all state traffic laws.
  • Other driver breached duty to operate the vehicle safely.
  • Other driver’s breach of duty actually and proximately caused the collision.
  • You suffered injuries and damages because of the accident.

Many accidents are caused by driver error or negligence. Some examples of driver negligence include:

  • Failing to adhere to the speed limit or driving too fast for conditions.
  • Failing to stop at a stop sign or red light.
  • Failing to yield the right-of-way at an intersection.
  • Driving while distracted or while under the influence of drugs or alcohol.

How do I prove my claim?

Proving your claim for negligence will require evidence for each of the elements listed above. A police report written at the scene of the accident, photos and videos, and medical records, as well as expert and witness testimony, can be critical to your case.

It is important to remember that you may also be at fault for your own accident. Fortunately, according to Montana’s comparative negligence laws, you can still recover damages from other negligent parties if you are less than 50 percent at fault for the collision.

Negligent drivers should be held accountable for the injuries they cause. Filing a personal injury claim after an accident, with the help of an attorney, is often the best way to recover compensation for your injuries and damages.



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