How to Prove Negligence in Personal Injury Cases in Carrollton, GA

Anyone injured in an accident has the challenge of proving who is responsible for their injuries. Legally, most victims will need to prove negligence. That means the defendant did not act with sufficient care and, as a result, an accident occurred. Proving negligence is a challenge, and most victims are in too much pain to handle their case on their own. Contact a Carrollton personal injury lawyer at Moffitt Law, LLC for help with your case.

What is Negligence?

Negligence is the legal theory used by most accident victims to seek compensation. Under Georgia law, people must use reasonable care as they go about their daily lives.

For example, a motorist must drive with reasonable care so they do not hurt people around them, including other drivers and pedestrians. If a person fails to act carefully enough, then they are liable for the injuries they cause.

Personal injury negligence has four elements:

1. Duty. The defendant must have owed the victim a duty to act with reasonable care.
2. Breach. The defendant failed to act with sufficient care, which means they breached their duty.
3. Causation. Your injuries were caused by the defendant’s breach and not something else.
4. Damages. You suffered legally recognizable losses, including medical care, lost income, and bodily pain.

The most controversial elements are usually #2 (breach) and #3 (causation).

Disputes erupt over whether the defendant breached their duty of care. The standard is how other reasonably careful people would act in a similar situation. We use our experience. For example, a careful person would not drink five beers and then get behind the wheel of a car.

Causation is also sometimes in dispute. A loved one might have slipped and fallen in a grocery store. But they died a week later from terminal cancer. Sometimes, a victim has pre-existing injuries from work or a prior accident, so it isn’t clear who caused their injury.

Duty and damages are less controversial, though the defendant might claim you are exaggerating your damages. As an example, the defendant might allege you are not really in pain because your social media profiles show you went on vacation soon after the accident.

How to Prove Negligence after a Carrollton, GA Accident

What evidence is helpful? An experienced personal injury lawyer knows we need to reconstruct the accident so that we fully understand why it happened.

Suppose you are injured crossing the street when a motorist crashes into you. You will need evidence to prove the driver was negligent. Some useful pieces of evidence include:

• Proof that the driver was on their phone. A person who drives while texting or is not acting with sufficient care.
• Evidence of intoxication. A careful motorist would not drive while drunk or under the influence of controlled substances. We might seek to introduce chemical tests, such as the results of a breathalyzer, which is one reason to call the police.
• Proof of prior knowledge of a hazard. If you were injured on someone’s property, then a key fact is whether the owner knew about the hazard before you were hurt. If they did, then they should have taken steps to fix the hazard or at least warned you.
• Witnesses. Eyewitnesses can help us understand what happened, which aids in determining negligence. For example, a witness might have seen a driver cut off a motorcycle, leading to a collision. Careful drivers would leave sufficient room.

What to Do if You Are Too Hurt after an Accident

Obtaining compensation requires as much evidence as possible. There are many disputes over what happened. The defendant might claim you were negligent yourself, which can reduce your compensation. Under Georgia Code § 51-12-33(g), you will receive no compensation ($0) if you were 50% or more at fault for the accident. A victim who is less at fault (<50%) will have their compensation lowered.

Hire a lawyer quickly. Moffitt Law can step in and begin reviewing the police report or talking with witnesses. We want to preserve as much evidence of negligence as possible to use in a settlement negotiation or at trial.

Contact Our Personal Injury Lawyer in Carrollton

If you need legal assistance in the 30116, 30117, or 30118 zip codes, then call Moffitt Law to speak with an attorney at our firm. Our legal team has won millions for people hurt due to negligence, and we encourage you to reach out and schedule a consultation so we can learn more about your case.