Each year, thousands of motor vehicle accidents are caused by negligent drivers. As the victim of a car accident in Alabama, you may be struggling to pay medical bills, while being unable to work and support your family. Filing a negligence claim against the negligent driver who caused your accident is one way to recover compensation for your accident-related injuries and damages.
What is negligence?
Negligence generally refers to anytime someone breaches a duty owed to someone else, and that breach causes the other person to suffer an injury. When it comes to car accidents, negligence boils down to whether the driver was abiding by all traffic laws and exercising reasonable care when operating his or her vehicle. A negligence claim against a driver requires proof of:
- Duty – The ‘negligent’ motorist owed a duty to the victim to operate their vehicle safely.
- Breach of duty – The negligent motorist breached this duty by failing to follow traffic laws. Some common examples of driver negligence include: driving at an excessive rate of speed, failing to stop at a red light, failing to pay attention, and following too closely.
- Causation – The negligent motorist’s actions directly and proximately caused accident and the victim’s injuries and damages.
- Damages – The victim suffered injuries and/or damages in the accident.
What can I recover if I successfully prove my claim?
If you successfully establish that another driver’s negligence caused your accident, the other driver may be required to pay you and your family damages. These damages may cover:
- Medical bills
- Lost wages
- Loss of earning capacity
- Property damage
- Pain and suffering
- Mental anguish
- Disability and disfigurement
- Loss of consortium
A personal injury attorney in your area can help build a case against a negligent driver and help you recover the compensation you are entitled to.