When you are injured in a car accident and the responsible driver is not willing to accept the fault for it, you need to make the case for why you are the victim. Depending on the facts of your case, proving the other person is liable can be tricky. To help you build your case, it is important to understand what elements must be proven to be successful.
Duty of Care
The first element that you must prove in your case is that the other driver had a duty which he or she did not meet. In cases involving a car accident, the duty of the other driver is to follow the rules of the road and to take precautions necessary to avoid accidents when possible. For instance, if the other driver rear-ended your car, he or she had the duty to stay a safe distance from your car.
In some cases, duty of car is easily proven by pointing out what state traffic laws applied to your situation.
Breach of Duties
Once you have established that the driver had a duty to drive cautiously and follow the rules, you then have to show that the driver breached this. Using the previous example, you could point to the fact that the other driver rear-ended you as proof that he or she did not live up to the duty to drive safely.
This can sometimes be tricky to prove in situations in which it is not clear who violated the rules of the road or when both parties share some of the blame for the accident. For instance, if the other party rear-ended you because you stopped short, he or she could argue that you share some of the blame. Unless your state has a law that automatically deems the person responsible for the rear-end liable, you could be faced with proving that regardless of your actions, the other driver is responsible.
The final component is relatively easy to prove. You have to show that not only were you in an accident but that you have damages. Damages can be everything from your car's damage to your medical bills. If you miss work while recovering from your injuries, you can even ask for lost wages.
Since proving all three of these elements can sometimes be more difficult than expected, it is important that you talk to a personal injury attorney (such as one from Richard Glazer Law Office). He or she can help you prove your case, according to your state's laws.