If you were in an automobile accident, you may wonder who is responsible for proving who was at fault for the incident. If you are the plaintiff in a car accident claim, here’s what you should know and how to get the legal help you need after a devastating motor vehicle collision.
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Who Has the Burden of Proof After a Car Accident?
Generally, the plaintiff pursuing compensation after a collision has the burden of proof. They must be able to indicate how they were hurt in the incident and how it was directly caused by the other driver’s negligence or carelessness behind the wheel.
Proving the Four Elements of Liability
These four components must be established in order to show negligence:
- The other driver owed you a duty of care. You need to be able to clearly demonstrate that the other motorist had a responsibility to operate their vehicle in a way that ensured the safety of all who shared the road.
- The other motorist failed to provide said duty of care. You must show that the other motorist failed to act in the same way another reasonable person would in comparable circumstances.
- The other driver directly caused the accident. You need to be able to establish how the accident was caused directly by the other driver’s misconduct.
- You sustained damages as a direct result of the incident. You must prove how the car accident immediately resulted in your injury, harm, or financial loss.
Examples of Negligent Driving
The following are some examples of careless driving that might be deemed a violation of a motorists duty of care to others:
- Driving while intoxicated by drugs or alcohol
- Driving over the speed limit
- Driving while exhausted
- Driving while distracted
- Driving aggressively or recklessly
Contact a Georgia Car Accident Attorney Today
If you or a family member were injured in a car accident, it’s crucial that you don’t wait to get the help of a seasoned personal injury attorney in Georgia. At Chalker Injury Law, we’ll fight for the full and fair compensation you deserve after being involved in a devastating car accident that caused you serious damages.
Call our office today for your consultation at (678) 319-9991 or toll free at (800) 393-8595. Our team is available now to provide you with comprehensive legal assistance and advocacy.
