California roadway safety depends on numerous factors, including the driving behavior of every motorist. When a driver disregards traffic laws or acts irresponsibly or recklessly behind the wheel, it puts all nearby travelers at risk. Certain driving behaviors increase the risk of collision, and several behaviors constitute grounds for criminal charges.
Negligence must be proved by relevant evidence if an accident occurs and a recovering victim seeks restitution in civil court. Perhaps a driver was speeding or acting under the influence of alcohol. If someone who suffers injury in a collision with that person’s vehicle files a legal claim, the following elements must exist to prove driver negligence:
Defendant owed a duty and failed to fulfill it
Operating a motor vehicle means a driver is obligated to maintain safety by adhering to traffic laws. If a driver fails in his or her duty by acting recklessly or carelessly, it constitutes negligence. A plaintiff in an injury claim must also prove that the defendant’s negligence was a direct cause of the collision that occurred. Finally, a plaintiff must prove the driver’s negligence resulted in economic, physical or emotional damages.
Support for those who suffer injury in California car accidents
It often takes people months or longer to recover from car accidents. A recovering victim may request compensation for damages. If he or she can convince the court of the elements necessary to prove negligence exists, the judge might hand down a favorable ruling. It’s always best to schedule a legal consultation before heading to court.