How negligence is proved in car accident lawsuits

When car accident victims in Texas and around the country take legal action to hold the drivers who injured them financially responsible, the lawsuits involved are usually based on the tort of negligence. In order to prevail in court, they must be able to establish that the defendant owed them a duty of care, failed to meet that duty and they suffered injury, loss or damage as a direct result.

Drivers are expected to do all that they reasonably can to protect the safety of all road users, so establishing that a duty of care existed is rarely a challenge in auto accident lawsuits. Proving that motorists failed to meet this duty may also be straightforward if they violated the law in some way, such as by speeding or drinking before getting behind the wheel. This is why personal injury attorneys may study police reports closely when representing car accident victims.

When police reports do not provide evidence of negligence, attorneys may seek the have the vehicles involved in an accident inspected. Signs of negligence that can be uncovered during vehicle inspections include repairs made with substandard parts, worn tires, defective brakes and safety systems that have been neglected or poorly maintained. Attorneys could also seek to discover evidence of negligence by checking cellphone records or the data stored by modern vehicle electronics systems.

Establishing that the accident in question was the direct cause of their client's injuries is usually done in civil trials by introducing medical records or by calling doctors to testify. Experienced attorneys may take great care when preparing this evidence to make sure that it can withstand claims of comparative negligence made by the defendant. These arguments are made to convince juries that plaintiffs were responsible in some way for their own injuries. They are common when car accident victims violated motor vehicle laws or were not wearing their seat belts.

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