Major Elements of Negligent Car Accident Claims

Car accidents have been rising in Indianapolis every year for the last five years, causing over one hundred deaths each year and over ten thousand injuries. If people drove more carefully, these numbers would be close to zero. Instead, people talk and text while driving, speed, tailgate, drink and drive, and engage in other negligent driving behaviors.

When an accident results from someone else’s negligence, the injured party may have the right to pursue compensation through a personal injury claim. To be successful, however, the accident victim needs to be able to prove every element of a negligence claim, whether negotiating a settlement with the insurance company or taking the matter to court. Below we discuss the major elements of a negligence claim resulting from a crash. For personalized advice and assistance tailored to your particular circumstances, contact Lee Cossell & Feagley, LLP, to speak with a skilled and knowledgeable Indianapolis auto accident attorney.

Duty of Care

The first element in a negligent car accident claim is establishing that the defendant owed the plaintiff a duty of care. In the context of driving, this duty is often clear. All drivers are legally required to operate their vehicles in a manner that ensures the safety of others on the road. This includes obeying traffic laws, maintaining a reasonable speed, and being vigilant and attentive to potential hazards. No special relationship between the parties is required to establish this duty.

Breach of Duty

Once the duty of care is established, the next step is to demonstrate that the defendant breached this duty. A breach occurs when a driver fails to act with the level of care that a reasonable person would under similar circumstances. In this context, breach of duty is synonymous with the concept of negligence. Examples of breaches include:

• Speeding: Exceeding the speed limit or driving too fast for road conditions.
• Distracted Driving: Using a phone, eating, or engaging in any activity that takes attention away from driving.
• Driving Under the Influence: Operating a vehicle while impaired by alcohol or drugs.
• Violating Traffic Law: Ignoring traffic signals and stop signs, failing to signal lane changes or turns, following too closely.
• Aggressive Driving: Tailgating, weaving in and out of traffic, or engaging in road rage.

Causation

The third element is causation, which requires proving that the defendant’s breach of duty caused the accident and the resulting injuries. There are two types of causation to consider:

• Actual Cause (Cause in Fact): This is the straightforward connection between the breach and the accident. For example, if a driver runs a red light and crashes into another vehicle, their action is the actual cause of the collision.
• Proximate Cause (Legal Cause): This aspect involves foreseeability. The plaintiff must show that the defendant’s actions were sufficiently related to the injury to be held liable. Proximate cause addresses whether it was foreseeable that the defendant’s conduct could result in harm and that no other causes intervened or superseded the negligent driver’s action.

Damages

The final element in a negligent car accident claim is proving that the plaintiff suffered actual damages as a result of the accident. These damages can be economic, such as medical bills, lost wages, and property damage, or non-economic, such as pain and suffering, emotional distress, and loss of enjoyment of life. Documentation, such as medical records, repair bills, and witness statements, plays a crucial role in substantiating these claims.

Gathering Evidence for a Strong Claim

To build a compelling case, thorough evidence collection is essential. Here are some steps that can strengthen a negligent car accident claim:

• Police Reports: Official reports provide an objective account of the accident, including details that may support the negligence claim.
• Medical Records: Detailed medical documentation helps establish the extent and cause of injuries.
• Witness Statements: Testimony from witnesses can corroborate the plaintiff’s version of events.
• Photographs and Videos: Visual evidence of the accident scene, vehicle damage, and injuries can be powerful in demonstrating the impact of the collision.
• Expert Testimony: Accident reconstruction experts and medical professionals can provide specialized insights that support the claim.

Contact Lee Cossell & Feagley to Establish Negligence and Recover Compensation After an Auto Accident in Indianapolis

If you or a loved one has been injured in a car accident due to another driver’s negligence, the experienced attorneys at Lee Cossell & Feagley, LLP are here to help. Our dedicated team is committed to fighting for your rights and securing the compensation you deserve. Call us today at 317-631-5151 for a free consultation and let us guide you through the legal process with compassion and expertise.