Almost all car accidents are the result of something called negligence. In a nutshell, negligence is when someone doesn’t behave they way they should. As a result, someone else is injured or killed. It is part of almost any car or motorcycle accident case. In order to show the other driver was responsible for your injuries, your accident attorney in Macon GA will have to prove negligence.
This may seem easier said than done. You may know for a fact that the other driver was at fault. You were there. You know what you did, and you know what you didn’t do. The problem is, no matter what you say happened, the other driver is going to have their own version of what happened. It’s going to come down to your word versus theirs. However, your lawyer can also use physical evidence to prove what happened.
Much of your case will come down to proving whether the other driver did something out of the ordinary. We all owe other drivers something called a duty of care. If we breach this duty, people get hurt. The hard part for your attorney is proving that the other driver actually did something that a reasonable person wouldn’t have done. This is why you’re better off having a lawyer help you prove your case. It’s a good idea to call and talk to one as soon as you know you’re okay. You can focus on getting better while they focus on handling the legal side of things.
What are the Elements of Negligence in a Car Accident Case?
As we said earlier, most car accident cases involve negligence. In order for your attorney to prove this, they need to show four (4) things:
- The other driver owed you a duty of care – This isn’t hard to do. All drivers owe other motorists a duty of care. At a minimum, they have to follow all traffic rules. They also need to use common sense.
- They breached this duty – This is often the hardest part about proving negligence. Not only do you need to argue that the other party breached their duty of care – your lawyer needs to show specific evidence proving that they breached their duty. For example, if the other driver was texting at the time of the crash, they were clearly in breach of their duty. It’s illegal to text and drive in Georgia. But how does your attorney prove this?
- You were injured – As long as you go to the hospital immediately after your accident, this shouldn’t be difficult. Your Macon accident lawyer will submit a copy of your medical bills to show you were hurt. The problem is when people don’t seek treatment right away. If you wait days or weeks to go to the doctor, the defendant’s lawyer is going to say something other than the crash caused your injuries.
- Your injuries were caused by the crash – Again, as long as the defendant can’t show an intervening cause, this shouldn’t be difficult. Your attorney will submit affidavits from your doctors showing that the crash likely or absolutely caused your injuries.
Even if you prove negligence, you still have to prove damages. Your attorney is going to demand the following types of damages:
- Medical bills, both past and future
- Lost wages and lost future earnings
- Property damage
- Pain and suffering
- Permanent disability if applicable
Your accident attorney in Macon GA is going to fight to get you the damages and compensation you deserve.
You Should Contact an Experienced Accident Attorney in Macon GA Today
Proving that the other driver in a car accident is at fault is not easy. In fact, even experienced car accident attorneys run into cases that stump them from time to time. However, an experienced accident injury law firm in Macon GA will give you the best chance of proving your case. This is why you should call one as soon as possible after your crash.
There’s no law that says you have to hire an accident attorney in Macon GA to handle your case. But it is a good idea. They have years of experience proving negligence in cases like yours. Let them work hard to get you the compensation you deserve. You should call our office today and schedule your free initial consultation. At least take the time to sit down with someone who knows how the legal system works. The consultation is free and you won’t pay a dime until you win or settle your case.