Ask a Car Accident Lawyer: How Do You Prove the Other Driver Was Negligent?

What Is Negligence? 

Before you can prove the negligence of the other driver, it is important first to establish that the other driver had a duty to exercise due care. This leads to the question of what negligence is. Negligence refers to conduct that is deemed to be careless and which results in the harm or injury of another party.

In the case of a motor vehicle accident, a driver may be determined to have been negligent by either failing to take the required action or by behaving in a way that should not have occurred. Instances of negligence might include failure to yield or running a red light.

The Defendant Had a Duty to Be Reasonably Careful

When claiming that an accident occurred due to the negligence of another driver, it is also necessary to demonstrate that the defendant was required by law to exercise a duty of caution. Under Missouri law, drivers must exercise reasonable caution when operating a vehicle.

If a driver fails to exercise due caution, this is known as violating or breaching the required duty of caution. To determine whether the other party exercised sufficient caution, the driver's conduct will be compared to the conduct that a reasonable individual would be expected to display.

Violation of Reasonable Duty of Reasonable Care

If it is determined that the other driver did not behave as a reasonable individual would, the driver will be deemed to have violated their duty to exercise reasonable care. The violation of the reasonable duty to exercise reasonable care can result in serious consequences for drivers, including the responsibility to pay for any losses or damages the victim of an accident may incur.

Proving the Conduct of the Other Driver Resulted in the Plaintiff's Injuries

Simply proving that the other driver acted negligently is not enough to obtain compensation, however. The plaintiff must prove that the conduct of the other driver directly resulted in the damages and losses sustained.

For instance, the plaintiff must be able to prove that sustained injuries were the direct result of the other driver's behavior and not from some other incident. If the plaintiff experienced a back injury a few days before the accident, it would be difficult for the plaintiff to prove that the defendant's negligent behavior was the cause of any back injuries the plaintiff might experience. Furthermore, the plaintiff must be able to demonstrate losses that are measurable.

Legal Duties for Which a Driver Is Responsible Under the Law

The law in Missouri requires that drivers adhere to certain duties. Among those duties is to drive at what is considered to be a reasonable rate of speed, be alert and exercise reasonable caution, and maintain control of the vehicle.

Additionally, under state law in Missouri, drivers are expected to use and maintain motor vehicle equipment properly. Drivers may also be presumed to have acted negligently when driving under the influence or violating any other rules of the road.

Demonstrating Measurable Losses in a Motor Vehicle Accident

Victims of motor vehicle accidents may be eligible to receive compensation for such losses as injuries as well as pain and suffering, lost earning capacity and wages, and vehicle damage.

Even if an individual is involved in a motor vehicle accident that occurred due to the negligence of another driver, the individual would not be able to recover any compensation if it is not possible to demonstrate provable losses. For example, if someone is involved in a motor vehicle accident caused by the negligence of another party, but did not incur any injuries and there were no damages to their vehicle, they are not entitled to compensation.

Obtaining Assistance with the Help of a Kansas City Car Accident Lawyer

There are many nuances to demonstrating that another driver failed to exercise due diligence and acted negligently, which resulted in provable damages due to a motor vehicle accident.

Consulting a Kansas City car accident attorney is essential to learn more and prove negligence, providing the best chances for recovering compensation. An experienced attorney will also be able to evaluate your claim for merit. Additionally, a lawyer will be able to help you prove the negligence of the other party.