How To Prove Negligence in a Car Accident Claim: A Step-By-Step Guide

What Is Negligence in a Car Accident Claim?

Negligence in a car accident claim is the foundation of proving the other driver was at fault for your injuries and property damages. You must prove that the other driver’s actions, or lack thereof, caused the accident and resulted in your injuries. Once this is established, you can seek monetary compensation from the driver and their insurance company because they failed to provide a duty of care. 

These four key elements must be established to prove the other driver was negligent, as follows:

• Duty of care: The driver owed you a duty of care.
• Breach of duty: The driver breached their duty of care.
• Causation: You experienced actual injuries and losses.
• Damages: The result of their actions was the cause of your injuries and losses.

What Is Considered Negligent Behavior in Car Accident Claims?

Some examples of negligent behaviors in car accidents include:

• Speeding
• Distracted driving
• Texting while driving
• Failure to yield the right-of-way
• Running a red light
• Driving under the influence
• Reckless driving
• Improper lane changes
• Road rage/aggressive driving

Steps To Proving Negligence After a Car Accident

Each of the four key elements is vital in establishing and proving negligence to support your car accident injury claim. Evidence from your car accident can help you establish each step. 

Step 1: Establishing Duty of Care

Proving duty of care is the easiest step because every driver, motorcyclist, bicyclist, and pedestrian in Florida has a duty to share the road, and do what they can to help prevent car crashes and maintain road safety. Basically, the other driver was violating their duty of care by speeding, tailgating, or some other action that resulted in the car accident. 

Citing Florida traffic laws is the easiest way to support proving this step. For example, running a red light violates an established Florida traffic law — the driver that caused the accident ran a red light. 

Step 2: Proving Breach of Duty

The second step to proving negligence is to show that the at-fault driver breached their duty of care. You must show that the driver failed to behave in such a manner as any other reasonable driver would, given similar circumstances. You can use the police report and photos of the accident scene as evidence to help prove this step. You can also use witness statements and traffic camera footage to prove a breach of duty.

For instance, the driver was speeding. The police report mentions skid marks on the road behind the defendant’s vehicle and that they were speeding. The pictures you took of the skid marks left on the road before they rear-ended you would collaborate with the police report and show they breached their duty of care. 

Step 3: Demonstrating Causation

The third step in proving negligence is demonstrating causation. Causation is being able to show that the defendant’s actions or lack thereof were what caused your injuries. This step is easy to prove by using your medical records from the care and treatment you received following the accident. You should also include any other financial losses as evidence, such as lost wages, damages to your vehicle, and personal property losses. 

Generally, car accident injury attorneys, courts, and insurance companies use the “but for” test to determine causation. What this means is that “but for” the defendant’s actions or lack thereof your injuries would not have occurred. Another way to look at this test is to use “if not.” For example, “if not” for the defendant running a red light, you would not have been injured.

Step 4: Showing Damages

The last step in establishing negligence is usually one of the easier ones because it goes along with causation. Generally, once you prove causation, you will have already established that you had financial losses. You must have experienced actual monetary losses in order to show damages, such as:

• Medical bills
• Lost wages
• Property damages

Once you establish you had actual monetary losses, then you can include emotional losses as part of your injury claim against the other driver, like:

• Pain and suffering
• Mental anguish
• PTSD
• Loss of consortium
• Loss of companionship

Tips for Strengthening Your Case

From the moment the accident occurs, it is vital to gather evidence and keep accurate records throughout the claims process. However, your primary concern and objective should always be to seek medical treatment, even when your injuries seem minor. 

In order to make it easier to prove negligence in your car accident claim, you can strengthen your case, including: 

• Take pictures of the accident scene: You should take multiple images from different angles showing the damage to both vehicles. Remember to take photos of the road around the vehicles, as this shows road conditions, and the presence of any skid marks.  
• Gather witness information: Collect the names and contact details of any witnesses you could call later and obtain a sworn statement from.
• File a police report: The police report is vital evidence in car accident injury claims. Make sure to file one and get a report number to obtain a copy later. 
• Seek the help of experts: Accident reconstruction experts can provide valuable testimony to prove that the other driver was negligent. 
• Obtain expert testimony: In complex cases, you may need medical experts besides your doctor to provide testimony to support that your injuries were caused by the accident. 
• Consult a lawyer: You should schedule a free case evaluation with a qualified Miami car accident lawyer as soon as possible for expert legal advice. 

Mistakes To Avoid

Some common mistakes people make that can hurt their injury claim or result in comparative fault being used include:

• Admitting fault or partial fault: Never admit fault, and only provide the facts when filing the police report.
• Not seeking medical care immediately: Delaying treatment can hurt your case because the defendant’s insurance company can try to say the injuries were not as serious as you claim. 
• Attempting to negotiate your own settlement without consulting with a lawyer: Insurance companies are notorious for using tactics to reduce, limit, or even deny your claim.

Why Consult a Miami Car Accident Lawyer?

There are several reasons why you should consult with an experienced car accident lawyer in Miami, including the following:

• Free legal advice
• Proper valuation of your injury claim
• Gathers the evidence needed to prove negligence and support your claim
• Files all paperwork correctly and accurately with the appropriate courts and insurance companies
• Assists with filing your claim against your insurance company
• Will handle all negotiations with the insurance company to ensure a favorable settlement
• Will litigate your case at trial if needed
• Has access to expert witnesses and accident reconstructionists
• Experience in Florida tort laws and traffic laws

Request your free case evaluation with Bernstein & Maryanoff to discuss your case and explore your legal options to ensure you receive the compensation you deserve. 

Schedule your free consultation today.

FAQs

Sources:

FLA. STAT. § 627.7407. (2024).
FLA. STAT. §768.81. (2024).
Suszek, A. (2022). What Is the “Duty of Care” in Personal Injury Law?