Lafayette car crash victims may be able to seek compensation if their accident was the result of another driver’s negligence. While there are multiple elements of negligence, arguably the most important is causation.
In this blog, Galloway Jefcoat explains what causation means, the other elements of negligence you must prove and evidence to help validate a negligence case.
If you were injured by a car crash in Lafayette or a surrounding area, contact our experienced Lafayette auto accident lawyers. Our firm offers a free initial consultation to speak with a member of our legal team, and we only get paid if we win your case and you receive compensation.
Learn more about your legal options: 337-984-8020.
What Does Causation Mean?
Causation is an essential element of negligence that establishes the link between the defendant’s breach of duty of care and the victim’s injuries. Without causation, the victim cannot hold another party liable for injuries and damages.
Your attorney must show that the defendant’s actions created or contributed to the accident, as opposed to something else, like something the victim did. Causation contends that, if the defendant’s negligence had not occurred, the accident and resulting injuries would have been avoided.
What Are the Other Elements of Negligence You Must Prove?
Causation is the third element of negligence. The other three elements of this legal theory include:
- Duty of Care: The defendant owed you a duty to act reasonably or responsibly to avoid causing harm. In general, individuals are expected to act reasonably to avoid foreseeable harm to others. For example, drivers have a duty to operate their vehicles safely to prevent accidents.
- Breach of Duty: The defendant breached their duty of care by acting negligently or failing to act in a manner expected of a reasonable person under similar circumstances. A reasonable person refers to an individual who exercises ordinary care, skill and judgment in the circumstances presented. In other words, this individual’s actions should be consistent with what an average person with similar knowledge, experience and abilities would do in a similar situation. Drunk driving, distracted driving and breaking traffic laws can all be examples of a breach of duty of care.
- Damages: You suffered physical (damage that impairs a person’s health or bodily functions), emotional (negative emotional impact) or financial harm because of the defendant’s breach of duty.
Evidence to Establish Causation
There are various types of evidence that may establish causation for a Lafayette car crash:
- Eyewitness Testimony: Accounts from individuals who witnessed the accident can provide much-needed insight into the crash. This could include nearby drivers or bystanders. Witness testimony is particularly valuable when it backs up the victim’s account of the crash, and the witness has no connection to the victim.
- Medical Records: Documentation of your injuries and medical treatment can help establish the extent and severity of the injuries you suffered. These records typically include detailed information about diagnoses, treatments, medications prescribed, surgeries, therapies and any ongoing medical care you may need. Seeking treatment right after the crash helps connect your injuries to the collision.
- Accident Reconstruction: Accident reconstruction involves gathering evidence, analyzing the scene and examining vehicles to determine the sequence of events leading to a crash. Using advanced software and principles of physics, experts reconstruct the accident, including factors like vehicle speeds and points of impact. The findings are compiled into a detailed report you can use to substantiate your claim.
- Physical Evidence: Any physical evidence from the accident scene, such as skid marks, vehicle damage, or road conditions, can support your claim of causation. Physical evidence can provide crucial clues about the circumstances leading to a crash.
Why You Should Hire a Lawyer To Prove a Case
Obtaining evidence like witness testimonies, accident reconstruction and physical evidence from the crash scene can be challenging for crash victims for several reasons:
Time
Crash victims have limited time and energy to gather evidence of a car crash. They often need to see doctors multiple times per week and recovering from a serious injury can be exhausting.
Limited Resources
Most people do not know what to look for or even where to look for it. They also do not have the legal knowledge and access to experts that experienced lawyers have.
Emotional Distress
Car accidents can be traumatic experiences, leaving victims emotionally distressed and overwhelmed. This emotional turmoil can make it difficult to focus on dealing with all the ways your injuries have disrupted your life, much less taking time to gather evidence and navigate the legal process.
Insurance Company Tactics
Without a lawyer, you may be relying on the liable insurance company’s assessment of the accident. The insurance company’s goal is to underpay or even deny your claim. Relying on their evaluation of your damages or what happened in the crash is not in your best interests. They may try to minimize your injuries or shift blame onto you.
Experienced Lawyers Know How to Validate Car Accident Claims
At Galloway Jefcoat, we manage car accident claims every day. We have obtained millions in compensation for those injured in auto accidents. We know what it takes to prove negligence and link crash victims’ injuries to a collision.
We also know how to present this evidence in a demand letter and in the courtroom, as we are always prepared to take cases to court.
When you hire our firm, we manage every step of the legal process on your behalf. We investigate the collision and gather evidence. We deal with the insurance company on your behalf. Our lawyers work with experts when needed to build robust cases.
Injured in an Accident in Lafayette? Call Galloway Jefcoat
If you have been injured in a car crash in the Lafayette area, do not hesitate to seek legal assistance from Galloway Jefcoat. We have been advocating for injury victims throughout Louisiana for more than 25 years and have a proven history of recovering compensation for our clients.
Galloway Jefcoat. Zero Upfront Fees. Ph: 337-984-8020.
June 11, 2021
Lafayette Parish