Skip to content 
If you have been injured in a car accident, it can be difficult to prove your case. Proving negligence in a car accident case is a complicated process and requires an experienced car accident lawyer Quincy Illinois who knows all the ins and outs of the law.
Proving negligence in a car accident case can be extremely difficult. You need to show all four elements of negligence, not just one.
In order to prove that the other driver was negligent in their driving, you must prove they had a duty of care and that it was breached, causation, and damages. The legal team at Carlson Bier Associates has the knowledge and passion to pursue justice for you. Contact us today at 312-622-2900 for a consultation.
4 elements of negligence in a car accident claim
In order to prove negligence, you must show the following elements of negligence in a car accident case.
1. Duty of care
The duty of care is the obligation to drive safely. The duty of care is the same for all drivers and vehicles, whether they are on the road or not. It doesn’t matter if you’re driving a Bentley or a Volkswagen Beetle, your level of responsibility will be the same as everyone else’s when it comes to driving in a way that does not put others at risk. You must also show a duty of care to pedestrians and cyclists as well.
An experienced car accident lawyer Quincy Illinois will investigate and evaluate your case to determine your best legal course of action. Contact our legal team at Carlson Bier Associates.
2. Breach of duty
This is when a driver fails to abide by safe driving laws. To prove that the other driver violated safe driving laws, you must show that he or she failed to abide by one or more of the traffic rules. This can include speeding, failing to adhere to traffic signals or signs, failing to abide by lane restrictions, or any other moving violation.
If you can show that your injuries were caused by a violation of one of these rules, then it’s likely that you’ll be entitled to compensation for your medical bills and other damages related to your injury claim.
3. Causation
In order to win your case, you must prove that the other driver’s act or failure to act was the cause of your injuries. This can be difficult if you were injured in an accident where there are no witnesses and no evidence of negligence on behalf of the other driver. However, it is still possible for you to prove causation in these types of cases by using circumstantial evidence that points towards causation.
You should gather all available information about how your accident happened so that when it comes time for trial, you’ll have all the facts at hand and won’t miss anything important when testifying.
4. Injury or damages
In order to prove negligence, you must also prove that injury, damages, or death were a result of the accident. Damages can include financial and personal losses like medical bills, lost wages, vehicle repair expenses, or wrongful death of a loved one.
An experienced car accident lawyer Quincy Illinois can help you gather all you need to prove negligence. At Carlson Bier Associates, our attorneys have helped numerous clients recover just compensation after car accidents.
Have a car accident lawyer Quincy Illinois on your side
Important things to make note of after an accident are: What happened at the scene of the accident. Did they fail to stop at a red light? Did they fail to yield right-of-way? Did they speed through an intersection without looking both ways? How did those actions cause your injuries and damages?
Make sure that right after an accident you get medical attention. Keep all medical records and bills related to treatment and ongoing care. These will help your car accident lawyer Quincy Illinois prove that injuries resulted from the accident.
If you are able to, get statements and contact information from witnesses to the accident. Use your phone to take photos or even record statements. These can help show how the accident happened and prove that the duty of care was breached.
Your car accident lawyer Quincy Illinois from Carlson Bier Associates will also conduct a thorough investigation to make determinations about the viability of your negligence claim. Proving negligence in a car accident case can be difficult because you have to show all four elements together, but it is possible with the right lawyer on your side.
If negligence cause your car accident injuries, Carlson Bier Associates will help you pursue justice
What is tragic is that driver negligence is often the cause and the result is major injuries. When that occurs, it can destroy a victims’ way of life, preventing them from being able to earn a living or support their family.
Fortunately, Illinois law requires negligent drivers to compensate innocent victims they harm by paying fair compensation. The legal team at Carlson Bier consists of our successful car accident attorneys in Chicago and throughout Illinois. You can be sure we’ll get you the best possible outcome.
