In at-fault states like Mississippi, drivers who cause car accidents will be liable for injuries and damages caused by their negligent actions. If you have been injured in an accident, you can file a negligence claim against any party whose actions played a role in your accident.
What is negligence?
Generally, any time someone ignores their responsibility to another party and causes them harm, they have committed an act of negligence. To prove a legal claim for negligence after an accident, you must establish four elements:
- Duty: The party you are suing owed you a duty of care (e.g., motorists owe a duty to operate their vehicles safely).
- Breach: The party you are suing breached the duty owed to you (e.g., motorist failed to adhere to traffic law by speeding).
- Causation: The party’s breach directly and proximately caused your accident.
- Damages: You suffered injuries and damages in the accident.
Evidence used to prove negligence
Every case requires different types of evidence to prove the above elements, but there are a few common forms of evidence that are used in many car accident cases. Some of these evidence types include:
- Police reports detailing what happened at the scene.
- Photos and videos of the scene of the accident and possibly the accident itself.
- Medical records indicating injuries suffered in the accident and treatment administered.
- Witness testimony from those who saw the accident occur.
- Expert testimony from medical professionals, highway safety experts, economists, accident reconstructionists and others.
A personal injury attorney in your area can help you collect the evidence you need to prove your negligence claim and recover the compensation you deserve.