How to Prove Negligence in Your Riverside Car Accident Case

Hurt in a crash in Riverside? You have the right to bring a claim to seek compensation for the full extent of your damages, including vehicle repairs, medical bills, lost wages, pain and suffering, and other losses. As California is a fault-based car accident state, you will need to prove negligence to bring a successful claim. Within this article, our Riverside car accident lawyer provides an overview of how to prove negligence in a car accident claim in California.

Know the Importance of Negligence: Car Accident Case

Negligence is a central factor in every car accident claim (and most personal injury claims) in California. Our state operates under a fault-based liability standard. This means that to hold another party, whether a driver or another individual, legally responsible for an accident, you must prove they were at fault. In Riverside car accident cases, fault is established through negligence. As explained in the Judicial Council of California Civil Jury Instructions (CACI No. 400), state law defines negligence through four required elements:

1. Duty
2. Breach
3. Causation
4. Damages

In California, all drivers owe a legal duty to operate vehicles with reasonable care. A breach of that duty of care occurs when a driver violates traffic laws or drives carelessly. The element of causation requires a direct link between the breach and the crash. Finally, damages refer to actual losses suffered by the victim in the crash.

Note: California is a modified comparative negligence state. Each party to a motor vehicle collision in Riverside is responsible for their respective share of fault in the accident. For example, if you were 10 percent at fault for your own crash, you would be compensated 90 percent of damages.

You Need to Be Prepared to Provide Proof of Negligence

Negligence is not assumed. It must be proven with evidence. It is the victim’s responsibility to establish fault through facts, documents, and testimony. For that reason, every car accident should be thoroughly investigated by an experienced Riverside auto accident attorney. The more evidence that you have, the better positioned you will be to make a claim. Some of the most common forms of proof that can be used to show negligence in a car accident case include:

• Police reports
• Photographs
• Video footage
• Witness statements
• Expert analysis

How to Prove Negligence in a Riverside Car Accident Claim

To prove negligence in a personal injury case, the four key elements must be established, indicating that the defendant owed a “duty of care,” the duty was “breached,” this breach “caused” injury, and that “damages” were suffered.

Duty of Care

In California, proving negligence begins with establishing a duty of care. Every driver on Riverside roads has a duty to follow traffic laws and operate their vehicle safely. As a result, this element is rarely disputed in car accident claims, though exceptions do exist.

Breach of Duty

The next element that needs to be proven is breach of duty. This is the key element in most Riverside car accident cases. The victim will have to prove that the defendant did something so unsafe as to constitute a violation of their duty of care. Some of the most common examples of negligence that can qualify as a breach of duty include speeding, distracted driving, intoxication, unsafe lane changes, and failure to yield.

Causation

Causation also needs to be proven to establish negligence. In California, it is not enough to prove that another driver breached his or her duty of care. An injured victim must show that the driver’s breach caused the crash and resulting injuries. For example, it is not enough to show that another driver was speeding. You must also demonstrate that the speeding was at least a partial cause of the crash.

Damages

Damages are also part of a negligence analysis. Without damages, there is no legal basis for a negligence-based car accident claim in California. A Riverside car accident victim must prove actual losses. These include medical expenses, future care needs, lost income, diminished earning capacity, pain and suffering, and property damage.

Note:  Negligence is particularly important because California applies a pure comparative fault standard. This allows an injured party to recover compensation even when they share some responsibility for the accident.

Why Trust the Riverside Car Accident Attorneys at The JLF Firm to Prove Negligence

Car accident claims are complicated. Following a serious crash, you may have a lot of questions about your rights and your options, including how to prove negligence. At The JLF Firm, we proactively investigate crashes to ensure that our clients have all of the evidence that they need to prove negligence and establish liability. Do not go at it alone. Your initial consultation with our Riverside, CA, car accident attorney is free, confidential, and carries no additional obligations.

Contact Our Riverside Car Crash Lawyer Today

At The JLF Firm, our Riverside auto accident attorney has the knowledge, skills, and experience that you can trust when it matters most. If you have any questions about how to prove negligence in a car accident injury claim, we can help. Contact us today for a free case review. We represent car accident victims in Riverside and throughout the surrounding region, including in the zip codes of 92501, 92502, 92503, 92504, 92505, 92506, 92507, 92508, and 92513.