New Haven, CT – When someone is injured in an accident, they will want to be paid for their losses. This can be done through the legal process, especially if the collision resulted in a large amount of damage that may exceed the coverage available on an insurance policy. The most crucial kinds of evidence that can be used to prove fault are related to the behavior of the driver at fault in the moments immediately before a collision. If the driver violated a traffic law, they may be presumed to be at fault unless other evidence explains their behavior. An accident attorney can use these violations to help the victim collect damages in a civil case.
The law of negligence and traffic citations
Evidence of a traffic violation can establish negligence per se. This is a presumption that the party who violated the traffic law is liable, unless rebutted by over evidence. There also needs to be evidence of the element of causation. This would mean that a violation like speeding was the actual and proximate cause of the accident, and not that it merely happened sometime before the crash.
The traffic law in question that was violated must be regulated to vehicle and road safety, and the victim must be a relevant class of individuals who the law was meant to protect. Depending on the specifics of the case, violations of other non-moving laws such as driving without a license may be considered, but these violations are not always relevant to an accident. Certain criminal violations like reckless or intoxicated driving will usually be relevant as well if these happened during or immediately before the accident and are considered an actual case of the crash.
Other facts relevant to negligence
As a general rule, a negligence case is meant to show that one person or entity was not careful enough, which caused some kind of tangible harm to the victim. The elements that establish this cause of action are a relevant duty of care, a breach of that duty, actual and proximate causation, and damages. The kinds of evidence mentioned above are relevant to a breach of the duty of care and causation. The plaintiff’s attorney will also argue for damages, which summarize exactly what kinds of losses were suffered by the plaintiff. This can include economic costs for medical treatment and repairs, as well as non-economic losses caused by trauma and emotional suffering.
Speaking with a lawyer about a potential accident lawsuit
USAttorneys.com contains a directory of accident attorneys organized by state. Anyone who is interested in getting legal help can easily use the directory to find a lawyer who matches their needs in New Haven or anywhere else in Connecticut or the country.