May 26, 2022

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Successfully Pursuing a Car Accident Claim in Tacoma by Proving the Other Driver Was Negligent

Denver Uninsured Car Accident Lawyers | Ben Crump

Pursuing a successful car accident claim can be challenging, especially if you choose to do it alone. Indeed, representing your own interests against an established insurance company is usually not a good idea. To protect its own interest, the insurer will use tactics to try to manipulate you, so you can end up settling your claim in as little money as possible. Also, the company may have its own legal counsel dealing with you. As a lone party in this fight, you may not be able to match the company’s extensive legal and financial support. Because of this, you should hire a Tacoma car accident attorney to represent you. 

Why You Need an Attorney on Your Side

Your attorney knows that the success of your claim depends on the strength and viability of the evidence you can present. Thus, they will diligently collect any evidence they can use to build and support your accident claim. They will especially gather the information that can prove the at-fault driver’s negligence.

How to Prove Your Car Accident Case

For you to receive compensation for your accident-related injuries and other losses, you must prove the other driver’s negligence caused them.  Your claim must allege that the other driver acted carelessly or recklessly and that they must pay for the costs of their actions. An experienced attorney can help you understand how different elements of negligence apply to your specific situation. In a car accident case, you must prove the following:

  • The other driver owed you a duty of care. Any driver has a duty of care, which means to keep other road users safe. The driver who hit your car owes you this duty because they are supposed to obey local traffic ordinances and operate their vehicle safely. 
  • The other driver breached their duty of care. You should demonstrate that the at-fault driver violated their duty of care by proving they acted negligently and caused the crash. Examples of breaches of care include speeding, road rage, aggressive driving, drunk driving, distracted driving, and tailgating. 
  • The breach led to your injury. You should also prove the actions of the other driver directly caused your injuries and other losses. You must show the crash was the main cause of your injury becoming worse. 
  • You suffered financial losses because of the breach of care. You should prove that the losses you are claiming directly resulted from the car accident. These losses can include medical bills and rehabilitation, property damage, as well as lost income.