Law Offices of Barry Pasternack
What It Takes to Win a Personal Injury Lawsuit After a Crash
Through the first 10 months of 2019, the city of San Diego recorded well over 8,000 traffic collisions. These wrecks led to 34 deaths and more than 4,900 injuries, worrying figures for anyone who is frequently behind the wheel.
Victims injured in motor vehicle accidents often think about pursuing compensation through a personal injury lawsuit. But what does it take to actually win a personal injury case?
The 3 key aspects of a personal injury case
In order to win a personal injury lawsuit, the person suing the defendant essentially has to demonstrate three things. First, that the defendant had what is referred to as “duty of reasonable care.” This means the law required them to perform whatever action they were doing in a safe manner. Drivers, for example, are required to show reasonable care.
Second, the plaintiff has to show the defendant was negligent, meaning they took an action – or chose not to do something – which breached that duty of reasonable care. And lastly, they have to prove the defendant’s negligent actions directly caused harm or injury.
What are examples of potential driver negligence?
People often ask about what types of activities might be considered negligent. The truth is, there isn’t a set list of answers. However, some common behaviors that may be considered negligent include:
- Texting while driving
- Driving while intoxicated
- Operating a vehicle known to be unsafe
- Shaving or doing makeup
- Ignoring traffic signals
- Driving while unable to stay awake
Remember, these behaviors on their own do not mean a crash victim will have a successful personal injury case. You and your attorney have to show the behavior caused your injuries, which can include overcoming arguments from a defense lawyer and insurance companies.