In order to win a car accident lawsuit in Boise or Nampa, Idaho, individuals need to establish that the other driver breached his or her duty of care. A breach of duty of care is also known as negligence.
According to the Cornell University Law School, negligence is defined as a “failure to behave with a level of care” that a person exercising “ordinary prudence” would exhibit. Every driver who uses public roads has a duty of care to other drivers to drive responsibly. This means that drivers should be alert, not engage in distracted driving, and should be free from the influence of drugs and alcohol. Of course, there are other ways that drivers breach this duty—either by ignoring right of way laws or by driving recklessly.
It isn’t always easy to establish that a driver has breached his or her duty of care and acted in a negligent manner. Because of this, it is important to find a Boise car accident lawyer if you’ve been injured.
Cornell University notes that one major factor the courts will consider was whether a person’s conduct could result in foreseeable harm. If a person could reasonably expect certain actions to cause harm, the person could then have reasonably taken precautions to prevent harm.
Cornell University Law notes five factors that are considered by the courts in any negligence case. These are:
- The court must establish that there was a duty of care. For instance, if the driver was on a public road, the laws of the road will establish this duty.
- The accident lawyer or plaintiff must show that the defendant failed to exercise reasonable care.
- This failure to exercise care must have resulted in direct harm.
- The lawyer or plaintiff must show that actual damages have been incurred.
- The harm must be within the “scope of liability.”
According to USAttorneys, many victims face an uphill battle in fighting negligent parties in court. Not only do victims have to prove negligence, but victims also have to prove that the negligence resulted in direct damages and that these damages are worthy of a recovery. Victims often face a heavy burden of proof.
In order to establish evidence, you’ll need to provide documentation about your accident, photos, gather witnesses, and provide medical records to establish that you have been injured. Putting these disparate pieces of information together to build a strong case is not easy. A qualified car accident attorney will have spent his or her whole career building strong cases for clients.
If you’ve been injured in an accident, you need a qualified lawyer fighting for your rights. The Law Office of Johnson & Lundgreen in Boise and Nampa, Idaho work closely with clients to help them get the best outcome possible. You don’t need to suffer alone. Contact our firm today for a free, no obligation consultation.