If you sustained injuries in a car accident because of a negligent driver, you have the legal right to hold them accountable for your damages. As congestion grows on the roadways in Ladonia, car crashes are more common. Many of the collisions lead to minor injuries and property damage. Yet, some could cause severe damages and losses that have devastating consequences on your life.
Dealing with insurers and legal work is probably the last thing on your mind if you suffer painful injuries. A hard-working Ladonia car accident lawyer is prepared to help. Dedicated personal injury attorney, David Bence, could handle negotiations with insurance companies and all of the legal work necessary to recover comprehensive compensation for your losses.
Proving Negligence After a Car Accident in Ladonia
To establish the defendant’s liability in civil court, a case must successfully show they did not behave as another reasonable person would in the same position. Four components must be present to recover damages for negligence. A knowledgeable Ladonia car collision attorney could review the details and determine if there is cause and evidence to prove negligence. The four elements of negligence include:
The Defendant Owed a Duty of Care
Motorists must consider and provide a duty of care to others around them when they are behind the wheel. Duty of care means adherence to the standard of reasonable care while completing acts that could cause harm to others.
The Defendant Breached the Duty
After proving the defendant owed the plaintiff a duty of care, the case must further show they breached that duty. If they did not follow safety laws, such as failing to yield the right of way, this would be evidence of a breach of their duty of care.
The Breach Was the Direct Cause of the Accident
The petitioner will need to show evidence that the defendant’s breach of duty was the direct cause of the accident and subsequent injury. If the negligent party ran a red light and caused the crash, providing evidence of that would prove this element of negligence.
The Plaintiff Suffered Verifiable Damages
The last element is proving the plaintiff sustained variable damages in the accident. The claimant can verify this with medical reports, records, and bills.
The Contributory Negligence Rule
Alabama follows the contributory negligence rule, meaning if the court finds the plaintiff shares even a portion of liability for the accident, the statute will bar them from recovering any damages from the defendant.
However, if the person who sustains injuries in the crash is under 14 years old or lacks mental competence, the court cannot find that they share liability in contributory negligence. A car crash lawyer in Ladonia could answer additional questions on this civil statute and how it could affect an injury claim.
The Statute of Limitations
After a car accident, there is a set time frame in which a claimant must file a case for damages with the civil court. As per the Alabama Code Section § 6-2-38, a claimant must commence legal action within two years of the collision. If the victim is not immediately aware of their injuries, the time will begin to accrue upon discovery, up to one year after the cause of action.
Get in Touch with a Proactive Ladonia Car Accident Attorney
An auto wreck can leave you angry and confused, with painful injuries and property damages. Unfortunately, the civil court system is complex, and failing to follow regulations correctly could mean losing the ability to collect a settlement from the at-fault party.
A diligent legal professional at Bence Law Firm, LLC could complete an investigation and evidence review to find the cause of the accident and prove legal negligence. If you need assistance recovering compensation for your losses, call an experienced Ladonia car accident lawyer now.