Car accident victims who manage to survive a serious car accident may struggle physically, emotionally, and financially for many months after the accident. In fact, many victims find that they are never fully able to recover from the devastating consequences of the accident. Accidents caused by negligent drivers are particularly devastating, as they could have been avoided if the at-fault driver had taken his or her responsibilities seriously.

Victims of car accidents in Louisiana have the option of filing a lawsuit against negligent drivers to cover the expenses not covered by insurance. If you are filing a lawsuit against a negligent driver, you will need to establish the four elements of negligence including:

  • Duty
  • Breach
  • Causation
  • Damages

Duty

All motorists owe a duty to other motorists and persons on the road and are required to adhere to all traffic laws and exercise reasonable care when driving.

Breach

When a motorist fails to drive in a reasonably safe manner, the duty owed to other motorists has been breached. In most accident cases, any violations of traffic law constitute a breach. Some common breaches include:

  • Driving at an excessive rate of speed
  • Driving under the influence of alcohol or drugs
  • Failing to keep a proper lookout
  • Failing to yield the right-of-way
  • Driving while distracted

Police reports, eyewitness testimony, and expert testimony can all be used to show that a law was violated and that a driver was negligent behind the wheel.

Causation

Proving that a driver operated their vehicle negligently is not enough to establish negligence. You will also need to show that their negligence caused the accident to occur. Proving that the accident would not have occurred but for the driver’s negligence and that the accident was reasonably foreseeable can establish causation. Expert testimony from accident reconstructionists and medical experts can help prove causation.

Damages

Finally, you must show that the accident resulted in injuries and damages. Presenting medical records and testimony from your doctors and medical experts can prove that your injuries were caused by the accident, and therefore were caused by the other driver’s negligence

Filing a negligence claim can be challenging, particularly while you are struggling to recover from an accident. A personal injury attorney in your area can help with every step of the legal process and help you get the compensation you deserve after an accident.