Failure to be able to prove fault or negligence in an auto accident will result in your case being thrown out or having you ruled against. Most auto accident attorneys will work to prove that the other driver acted negligent in order to win your case.
In order to win your case if you’ve been injured in an auto accident, you and your attorney will need to prove the following 3 elements.
Failure to drive carefully
Negligence on the part of the other driver can be proven if you and your attorney can prove that they did not drive safely on the road. Ways you can prove their negligence is through showing they ran a red light, failed to pay attention to pedestrians using a cross walk and/or following distance.
The plaintiff was injured and/or lost money
The only way you can successfully take a case to trial is if you experienced an injury, property damage or you lost wages from your job—without these, you have no claim for a case. You are responsible for proving your case, usually through evidence of your injuries or damage.
Proving the injuries and/or damage incurred were caused by negligence
You’re also responsible for proving that your injuries were actually caused by the accident and not from a preexisting injury.