4 Elements That Can Establish Negligence In A Car Accident

Nearly every car accident claim has a degree of suddenness that the parties involved would take advantage of behind your back. After all, the reason why it’s called a ‘car accident’ is because no one should’ve seen it coming in the first place. And since it’s purely accidental, people may consider it a tough case to crack.

However, it’s worth noting how rare it is for the parties involved to get out of a car accident unscathed. Therefore, logic dictates that whoever received the most damage from the accident should receive compensation from the other party. But with money involved, what seems to be a logically sound argument will need to comply with certain aspects to make the car accident claim successful. After all, simply accusing someone of negligence might backfire without providing proof.

How Can You Identify Negligence?

In any situation, negligence is identified as a clear disregard for exercising a certain duty or responsibility appropriately. As you can tell, this isn’t something people strive to obtain. Considering how there’s always just treatment waiting at the end, every action one makes must be thought out carefully, or else the consequences would be severe.

This scenario is fitting for car accidents. After all, it’s easy for drivers, particularly those seasoned ones, to neglect the basic rules of driving with how confident they are with their skills.

Being a negligent driver can be seen in everyday habits such as:
- Checking the phone
- Talking to a passenger
- Looking at your reflection

Because of how common these gestures are, they tend to get overlooked, especially if done frequently. Some might even consider this normal instead of a sign of a potential car accident. Due to the driver’s overconfidence, these simple gestures can be the root cause of an accident waiting to happen.

What Are The Elements Of Negligence?

Victims of car accidents are often quick to claim that the party at fault was a negligent driver. However, as mentioned earlier, claiming something is different from proving it. So, if you’re determined to win a personal injury lawsuit under a negligence claim, you need to know its ins and outs first.

Duty Of Care

As soon as they get behind the wheel, drivers are bound by the basic legal duty to operate their vehicles safely and professionally. However, just because they’re driving doesn’t mean everyone’s qualified for it. That’s why those interested in driving are obligated to get training first.

Through this training, they’ll learn the basic traffic rules and how to handle their vehicle efficiently. In doing so, this training prepares student drivers for what they might face on the road. And once they pass the exam, their license proves they’re equipped to be considered professionals. As professionals, the safety of everyone inside the vehicle and around it will fall on their shoulders.

Breach Of The Duty Of Care

Since the driver is bound by law to keep everyone safe on the road, getting involved in an accident and hurting a person in the process means they’ve breached their legal duty. And this is the point where it’s up to the victim whether they want to file a claim or not. But before that, they need to identify how the breach occurred.

There are many reasons for a driver to breach their duty of care. Besides negligence, there are also distracted driving, drunk driving, reckless driving, and others. While some of them may seem as minor as missing the red light, this can easily lead to a chain reaction resulting in a catastrophic accident, injuring people in the process.


Once you’ve identified how the party at fault breached their duty, you need to find a connection between the victim’s injuries and the accident. You have to dig for evidence to reinforce your claim in this part. Otherwise, those injuries you’ve collected from the accident might be contradicted by the at-fault party and claim you got it somewhere else.

Therefore, having a lawyer on board can help you find what you’re looking for. With their help, they can have you reach out to medical professionals who can note how you got your injuries and relate them to the accident. Since they’re legitimate, their notes should serve as a solid base for your evidence.


Along with connecting your injuries to the accident, your doctor will also touch on the extent of your damage. Since it’s already mentioned earlier, it’s rare for people to go scot-free out of a car accident. So, take note of everything your doctor recorded about your injuries.
And because you’re talking about damage, this also involves economic and non-economic damage. As the name implies, economic damage pertains to what the victim lost financially, be it the medical bills or the repairs for the car. On the other hand, non-economic damage mainly pertains to the victim’s pain and suffering. Because other than physical injuries, there’s no doubt the victim has also received trauma from what happened. And coping with it will take money out of your pocket.


With how many vehicles there are in society, there’s no surprise why car accidents are prominent. Despite knowing this, many drivers still practice negligence behind the wheel. And this might turn out to be another addition to the pile of car accidents that have occurred. Although it’s common, the damage you got from it doesn’t get any lighter on the wallet. So, to be compensated properly, you need to be familiar with the elements of a car accident claim, especially if you’re dead-set on it being done out of negligence.

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Posted - 05/05/2022