The person that has filed a personal injury claim must show that the allegedly responsible party had been negligent, during the moments that preceded the reported accident.
What is negligence?
It is defined as careless and neglectful behavior. A Personal Injury Lawyer in Truro knows that a negligent driver exhibits negligence. Without proof of negligence, an accident victim has no one to blame for any accident-linked injuries.
What elements must be proven to exist, for a personal injury claim to appear capable of providing the accident victim with a winning case?
Proof that the defendant had a duty towards the injured victim. In the case of a car accident, a lawyer could state that all drivers must use caution, in order to avoid hitting any other drivers.
Proof that the defendant had breached his or her duty during the moments before the vehicles collided. This breach must have been an accident, if the victim plans to make a personal injury claim.
There are many ways that a motorist could breach his/her duty:
—Becoming distracted, and failing to see what action another motorist has taken.
—Becoming so tired that the driver failed to control the vehicle, and it drifted into another lane.
—Failing to have a mechanic install a new taillight, and causing another driver to become confused at night.
—Following another car too closely, so that a rear-end accident came about, when the leading car stopped.
—Failing to check the rear, and backing into another vehicle. (The new cameras usually keep that from happening in the newer models.)
—Attempting to make a left-hand turn at an intersection, when another driver is planning to drive through the same intersection
—Failing to obey a YIELD sign or a STOP sign.
—Driving through a red light.
Proof that the victim had suffered a real injury, as a result of the defendant’s breach. A bruised hand would not qualify as a real injury. The driver that had suffered a bruised hand during an incident in the parking lot would not have grounds for filing a personal injury claim.
Obviously, a faked injury would also disqualify any potential victim. Drivers should know that there are some motorists that take to the road with some sort of prop. For instance, such a motorist might drive around with a cane, and in the event of an accident, he or she would get out of the vehicle holding the cane.
No driver could get away with such a scheme repeatedly. The driver’s insurance company would start to get suspicious.
That driver would find it hard to prove that the other motorist had caused him or her to suffer a real injury. Due to the absence of that essential element of negligence, the insurance company would not honor a claim.