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The principle of negligence and how it applies to your accident

A car crash can happen without warning and immediately, irrevocably change your life. One moment you may be going to pick up dinner, run to the bank or pick up your child from soccer practice, and the next you could be dealing with serious accident-related injuries. You could be the victim of the actions of another person, and you may be unsure of what you should do next. 

Negligence is one of the leading reasons for car accidents, but how can you prove you are a victim of this type of behavior? It's not easy to build a case for negligence, which is why it can be helpful to learn more about this legal principle and determine whether you are a victim. It is possible to hold people accountable for their decisions behind the wheel, and it is possible for you to seek compensation for your losses.

Proving negligence

While it may seem very clear to you that a person was negligent or made a bad decision behind the wheel, ultimately leading to your accident, that does not necessarily mean that it will be easy to prove it. People must act in a certain way that does not unnecessarily place others around them at risk, and failure to do that is negligence. Building a claim will not be easy, but you may have a case if you can prove the five following things:

  • There was a certain duty owed to you, such as the duty the at-fault driver owed to others to drive and act responsibly while behind the wheel.
  • The driver violated this responsibility, resulting in your personal harm and financial loss.
  • You have proof that this violation took place, clearly connecting the actions of the other person and your accident.
  • Under the circumstances, it is reasonable to assume that the other person should have known his or her actions could have resulted in harm to others.
  • You suffered physical harm, financial loss and other damages as a result of this person's actions. 

If these five elements are present, you may have a valid case and could successfully pursue financial damages through a personal injury claim. Colorado law allows people to seek recourse through the civil justice system if they are the victims of the negligent actions of another person. This process is not always straightforward, and you may find it beneficial to seek support from an experienced legal advocate before you proceed.

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