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Proving fault and negligence in a car accident lawsuit

| Apr 17, 2020 | Car Accidents

You are driving your vehicle and following all traffic laws, when suddenly your vehicle is struck by another vehicle. A car accident like this can result in physical injuries to you and your passengers as well as property damage to your vehicle. Depending on the severity of the injuries and damages, you may also find that you are unable to return to work and require long-term medical care, resulting in a financial burden to you and your family.

Fortunately, in Wyoming, you have the option of filing a lawsuit against the driver responsible for your accident. If your suit is successful, you can recover damages from the other driver to cover your medical bills, lost wages, physical and emotional pain and suffering, and other expenses.

Many car accident lawsuits require you to establish that the other driver was at fault for the accident and your injuries. You can do this by establishing that the driver was negligent. Under law, there are four basic elements to negligence: duty, breach, causation, and damages. When it comes to car accidents, the duty is often automatically assumed in that all motorists have a duty to other motorists to drive responsibly. Your case will rest on proving the other three elements.

Breach of duty basically means that the other driver operated his or her vehicle negligently or recklessly. In most cases, this means the driver drove at an excessive rate of speed, failed to stop at a stop light, or violated some other traffic law. Driving under the influence, distracted driving, and drowsy driving are also common breaches of duty.

It is not enough to prove that the other driver breached their duty. You will also need to show that their breach of duty directly and proximately caused the collision and your injuries and damages. In other words, you will need to show that the accident would not have occurred if it had not been for the other driver’s negligence. You will also need to show that you did suffer damages as a result of the collision.

Some car accident cases are not cut and dry when it comes to liability. It is likely that both drivers were negligent in some way. In Wyoming, if you are less than 50 percent liable for the accident, you can still recover damages from the other driver. However, the amount of damages you receive will be reduced depending on your percentage of fault.

An attorney in your area can provide you with more information on proving negligence after a car accident and help you proceed with your suit.

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