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Home > Accident Attorney > WHAT MUST I PROVE TO WIN MY CAR ACCIDENT CASE?

Written by Jelena Tiemann and Peter B. Tiemann

Last Updated : December 22, 2021
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Posted on Friday, September 8th, 2017 at 12:31 am    

If you were injured in a traffic accident in California, you might be entitled to recover compensation from the other driver for your damages and injuries. However, you must prove that the other driver is liable for your damages. An experienced Sacramento car accident lawyer can help you gather the evidence necessary to prove the elements of liability in a personal injury case.

The Driver Owed You a Duty of Care

For the other driver to be liable, he must have owed a duty of care for your safety.  Since all drivers have a duty of care to obey the rules of the road and take reasonable steps to avoid injury another person, it is easy to show that the other driver owed a duty of care to you and all others on the road.

The Other Driver Breached His Duty of Care

The second element you must prove is a breach of the duty of care. In other words, the other driver did not live up to the standards of a reasonable person in a similar situation. In many car accidents cases, you can prove this element by proving the other driver did something to cause the car accident such as speeding, driving while distracted, drunk driving, reckless driving, failing to yield, tailgating, or driving the wrong way.

The Other Driver’s Actions Caused Your Injury

It is not sufficient to show the other driver caused the accident. You must prove that your injuries were sustained because of the crash. In other words, you would not have suffered this injury had it not been for the actions of the person who caused the collision. The accident would not have occurred if the driver had not acted the way that he did.

You Suffered Damages Because of Your Injuries

Suffering a physical injury is accepted as suffering damages because you suffer physical pain. To recover money for your damages, you must prove that they are related to the accident, your injuries, or your recovery.  For example, the property damage to your vehicle is a result of the collision. Your medical bills and lost wages are the result of your injuries sustained in the car crash caused by the other driver.

Damages in a Car Accident Claim

Once you prove that the other driver caused the crash, you were injured, and you suffered damages, you can demand compensation for those damages.  Common damages in a car accident claim include medical care, loss of income, property damage, physical pain, and emotional stress. The amount of compensation you may recover depends on several factors. Our attorney can discuss those in detail based on the specifics of your case during your free legal consultation.

Call a Sacramento Accident Attorney for a Free Appointment

To schedule a free consultation to discuss your accident claim, contact The Sacramento accident attorneys of the Tiemann Law Firm by telephone at (916) 999-9000 or by visiting our website.  Our law firm serves clients in Sacramento, Folsom, Roseville, El Dorado Hills and other communities in the greater Sacramento area.

Categories: Accident Attorney, Accident Injury, Attorney At Law, California, Car Accident

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