How can I prove the other party’s negligence?
All motorists must exercise care when they are on the road. If the defendant wasn’t reasonably careful and their conduct caused injuries to the plaintiff that resulted in losses, negligence could be proven.
Negligence is defined as duty, breach, causation, and damages. Duty means that the defendant owed you a duty or care as a reasonably prudent person (RPP) under the circumstances under the shoes the defendant was in. Breach means that they violated the RPP standard and put you in a position of peril, having both actual or constructive notice as well as the opportunity to cure the defect. Causation is the link between their breach of the standard of care and the injury or damages that you have suffered. That link must be reasonably foreseeable and there should not be another intervening or superseding cause that caused your damages. Damages are the harm that you suffered directly caused by the defendant’s breach of the standard of care. If you meet those four elements, you have shown the defendant is negligent and you have a viable personal injury case.
