Unfortunately, many of us will at some point be injured in a car accident. Afterwards, especially if you think that the other drive was at fault, you might wonder “do I have a case?” Let’s look at the legal requirements for “having a case” and then let’s talk about them the way real people talk.
In legal jargon, in order to make a legal recovery in an automobile accident, the injured person has to establish the following: 1. The other driver was negligent. 2. That other driver’s negligence proximately cause harm to you. 3. You suffered actual harm.
What does all this actually mean? Negligence simply means that someone did something he or she should not have done or did not do something that he or she should have done. We have all taken driver’s education in high school and have studied the Rules of the Road. The Rules of the Road is one of the most important resources for determining if a driver was “negligent.” For instance, did the other driver run a stop sign? Did the other driver turn left in front of you as you were approaching the intersection? Was he speeding? Talking on his cell phone? If you can demonstrate that the other driver violated the Rules of the Road, you are on your way to showing that he was negligent.