How does an accident victim in Arizona prove that a driver was negligent?
Yuma, AZ – When someone is injured in an accident, the type of lawsuit that is filed against the person or business responsible is a negligence case. Arizona has negligence laws that are unique to the state, but the basic structure of negligence remains similar in all jurisdictions in the United States. Personal injury lawyers can provide more specific advice to accident victims about how their negligence lawsuit will proceed.
Negligence and motor vehicle crashes
Negligence from a legal standpoint means that a driver did not exercise the appropriate standard of care, and their careless actions resulted in some kind of harm to others. In cases related to motor vehicle accidents, things like speeding, illegal lane changes, drunk driving, or distracted driving are often used as evidence of negligence. If the police arrive and issue a citation to one of the drivers for these kinds of infractions, this can be very beneficial to the plaintiff in the lawsuit.
Elements and the burden of proof
Each element of the cause of action must be shown through evidence and meet the relevant burden of proof for the plaintiff to be successful. If one or more elements are not present, the jury is told that they must rule in favor of the defendant. The four elements of negligence are a standard duty of care, a breach of the duty, actual and proximate causation, and damages. Drivers are all expected to obey the rules of the road, which establishes the relevant duty of care. A deviation from these rules that results in an accident and various types of damage will usually establish all of the other elements. However, damages require special attention as there are several aspects to showing the victim’s losses.
Types of damages
An accident victim can argue for several different types of damages based on their injuries and other problems caused by the collision. Economic damages are related to the person’s specific costs due to the accident such as hospitalization and medical treatment, lost income, and recovery. Non-economic damages are related to reduced quality of life, pain, trauma, suffering, and mental health problems caused by the crash. In some situations, there may also be punitive damages available to punish a defendant who acted maliciously or intentionally to cause harm to others. When serious injuries are present, the combination of these damages can be a substantial sum.
Advice from an injury attorney
Schneider and Onofry is a law firm that deals with all matters related to accidents, personal injury lawsuits, and negligence. Their lawyers are available to meet with anyone who is thinking about bringing a civil lawsuit in the Yuma area.
Firm contact info:
207 W. 2nd St., Yuma AZ 85364
928-257-4887
soarizonalaw.com
