Alabama personal injury cases are usually brought under a negligence theory. Negligence is the failure to use ordinary care, which ends up injuring someone. There are common examples: texting and driving, running a red light, and failing to clean up a puddle in a grocery store. Any accident victim has the burden of proving that a defendant was negligent, otherwise you cannot receive compensation.
In this article, we look at how to prove negligence, including what evidence is helpful. Call Ryan & Rouse today to speak with a Huntsville personal injury lawyer.
Personal Injury Negligence: Four Elements
In Alabama, an accident victim must prove four elements to bring a successful negligence claim:
- The defendant owed you a duty of care. Generally, a defendant owes you a duty if their act could put you in danger of being hurt. Often, duty arises by physical proximity. For example, a driver changing lanes owes a duty of care to those vehicles around them.
- The defendant breached its duty. This means the defendant did not act with sufficient care. This element is often in dispute.
- The defendant’s breach caused the accident. The defendant might have failed to act carefully, but you cannot sue them unless they caused the accident. Typically, you need to prove “but for” causation: but for the defendant’s failure to use care, you would not have been injured.
- You suffered damages. You can only bring a personal injury case if you suffer some sort of damage. Bodily injuries certainly qualify. You will be able to seek the cost of medical care and the value of lost wages if you can’t work. You can also see damages for any property damage, as well as bodily pain and suffering.
Does this all sound confusing? Contact an experienced lawyer to discuss how to prove negligence in a Huntsville accident. Our lawyers know how to prove each element to win a case.
What Negligence Element is Most in Dispute?
By far, breach of duty is the most contested. Both sides might disagree about how the accident happened.
For example, you might have slipped on a loose tile when you entered a restaurant bathroom, or there was water all over the floor, which caused you to lose your balance. However, the restaurant might allege that nothing was wrong with the floor, and you fell because you were drunk. This is a factual dispute over what happened.
In other situations, each side agrees about what happened, but there is a dispute about whether the defendant failed to meet the standard of care. For example, the property owner could have dug a hole in their yard and put up one sawhorse, believing that was enough notice for visitors. If you fell through the hole, you might think the owner should have given more warning of the hazard.
Causation is sometimes disputed, especially in medical malpractice cases. A doctor might have prescribed medication, which you believe caused you to have a seizure. This is a medical question. Typically, we work with expert witnesses in medical malpractice cases.
Causation is fairly obvious in other personal injury cases, like car accidents. If a speeding motorist smashes into the side of your car, it’s obvious that the accident caused your whiplash and concussion.
Evidence to Establish Negligence in Personal Injury Cases
What kind of evidence is helpful to prove the four elements of negligence? Each case is different. The evidence you need for a slip and fall is different from that if you were struck by a driver while crossing the intersection. We usually rely on the following.
Videos of the Accident
Any video would be excellent evidence which can clear up confusion about what happened. For example, you might slip on a puddle in the store. The owner claims there was no puddle, so they blame you for tripping over your own shoelaces. However, the store’s security cameras could show clearly that a customer dropped a jar on the floor, which created a puddle that caused you to fall.
Photographs of the Accident Scene
Photos can establish that a hazard exists, as well as its condition. Pictures are also important following car accidents, to show where the vehicles ended up and how they collided. You should try to get photographs of the scene.
Witnesses
Eyewitnesses can help everyone piece together what happened. You can certainly share your memories, just as the defendant will. But many insurance adjusters will assume each person involved in the accident will tell a story slanted to make them look good.
Third-party witnesses are especially helpful. They are not related to either side, so many claims adjusters believe they are objective. Witnesses might include bystanders who see a car crash or other motorists who stop after an accident to render assistance. If you fell in a store, then other customers could have seen you fall.
Your Memories of the Accident
You should try to write down what you remember in the build-up to an accident. Your memories are crucial because Alabama continues to follow the traditional contributory negligence rule. If you were in any way negligent, then you might be unable to receive compensation.
Medical Records
You need to show damages, which usually consist of bodily injuries. You should go to the hospital right after the accident and have diagnostic tests done. We can rely on X-rays, MRIs, CT scans, blood tests, and doctors’ notes to establish that you were hurt on the day of the accident.
Some people feel “okay” after a crash: a little shaken up, but not in pain. Nonetheless, you should probably still go to the hospital and explain how your accident unfolded.
Call One of Our Personal Injury Lawyers
Successful personal injury claims require a sophisticated understanding of Alabama law. Call Ryan & Rouse to schedule a free personal injury consultation with one of our attorneys. We can provide some basic information about how long a case might take, and we can start right away if hired. Our firm helps those injured in the 35801 zip code and surrounding communities. Contact us today!