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Proving a negligence claim following a car accident

When a person gets behind the wheel in Virginia, they are legally obligated to operate their vehicles responsibly by adhering to all traffic laws. Unfortunately, to err is human and many people fail to follow the rules while driving. As a result, most motor vehicle accidents are caused by driver error.

If you have been involved in a car accident in Virginia, you may be able to file a negligence claim against the other driver if they failed to operate their vehicle with care. To prove negligence in court, you will have to establish:

  • Duty: The other driver owed you a duty to operate their vehicle safely.
  • Breach: The other driver breached their duty by acting negligently or recklessly behind the wheel (e.g., driving while distracted or speeding).
  • Causation: The other driver’s negligence directly and proximately caused the collision.
  • Damages: You suffered personal injuries and/or property damage as a result of the accident.

What evidence can I use to prove my negligence claim?

Proving negligence after a car accident may require you to present evidence in many forms. Some common types of evidence used in car accident cases include:

  • Photos and videos of the accident, the scene of the accident, and injuries/damages.
  • Eyewitness testimony from those who saw the accident.
  • Medical records describing your injuries and treatment you received following the accident.
  • Expert testimony explaining how the driver’s negligence caused the accident.
  • Expert testimony regarding the nature and extent of your injuries and/or the reasonableness of treatment.

However, it is important to remember that no two cases are the same. An experienced personal injury attorney can review the specifics of your case and help come up with a strategy that works for you.