You must prove the other driver’s negligence to obtain compensation for your injuries after a car accident. Here, find out the four elements you must establish.

Elements of a Negligence Claim Following an Auto Crash

When you sustain injuries in a car accident and must file a claim for compensation, you must prove the negligence of the other driver in causing your crash. If you cannot prove this, his insurance company will not settle your claim. Here, we explain what you are required to show to meet this burden of proof.

Elements of a Washington State Negligence Claim

In our state, the elements that have to be shown to prove a claim of negligence are the same all types of personal injury cases—including car accidents. Negligence is defined in Washington State as the failure to exercise ordinary care. This is the type of care that an ordinarily prudent individual would exercise in similar circumstances. These claims have four elements:

  1. Duty. The negligent party must owe you a duty of care. All drivers in Washington State have a duty to drive in a safe manner and obey our state’s traffic laws.
  2. Breach. The at-fault driver must have breached his duty to you by engaging in a negligent driving practice, such as speeding, being intoxicated, or texting.
  3. Causation. You must prove that your injuries were caused by the other party’s negligence.
  4. Damages. You are entitled to compensation for your medical expenses, lost wages, and pain and suffering. However, you will have to provide documentation of your losses.

What Does Negligent Driving Include?

There are a number of ways that negligent drivers cause accidents. A few examples include:

  • Engaging in distracted driving, such as talking on a cellphone, texting, and reading a GPS
  • Failing to obey traffic rules, like running a red light, speeding, and failing to yield
  • Not staying in control of a vehicle due to reckless behaviors such as speeding, tailgating, and weaving in and out of traffic
  • Not using a vehicle’s turn signals, lights, hazard lights, or other safety features when necessary
  • Driving when intoxicated

Even if the other person’s fault seems black and white to you, his insurance company could deny liability in an effort to deny or reduce your claim. Our experienced car accident attorneys understand the evidence you need to hold the other driver accountable and how to fight for the compensation you deserve. You can learn more about our experience and your legal options by scheduling a free initial consultation. Fill out our online form to get started.