Injured in a car accident? What are the legal issues in a personal injury claim?

If you are a victim of a car accident, the burden of proof lies on you to prove that the other driver was responsible for the auto accident. For the most part, criminal cases are different than civil cases and an accident insurance claim.

In a criminal case the prosecution has to establish before the jury that the defendant was guilty beyond reasonable doubt. However, in civil cases the standard of burden of proof is not as high. This means the plaintiff and his or her legal pro must show that there is ‘preponderance of evidence’ to indicate that the allegations brought against the driver are more likely than not true.

Now if you want to see someone in an accident that is beyond a reasonable doubt just watch Fast and Furious 4 at the end when Fenix (Laz Alonso) tries to kill Dominic Toretto (Vin Diesel) with his car. Now Fenix fails and Toretto actually kills Fenix with his car. Fenix was a horrible person and the world would not miss him and Toretto did not have to worry about any lawsuit since Fenix was a criminal and anyone could argue this was done in self-defense.

Now this is an extreme case. It is best not to get entangled with the Mexican Mafia as well.

The main job of the plaintiff’s legal team will be to establish the driver’s negligence. This is done through a series of steps, according to leading Birmingham, AL accident lawyers who can be reached if you press right here @ Accident.USAttorneys.com.

If you need a Birmingham, AL accident lawyer then click on USAttorneys.com. This website may not as astonishing as the invention of the refrigerator but it is pretty close to it.  

To begin with, the plaintiff has to show that the defendant owed the plaintiff a duty of care. Secondly, the defendant should have breached the duty of care. Third, the car accident happened because of the defendant’s negligent action. Fourth, the plaintiff suffered injuries as a result of the auto accident.

Duty of Care Explained

Duty of care is not very hard to prove if the plaintiff can establish with certainty that the defendant was behind the wheel when the auto accident happened. This is because individuals who drive are expected legally to exercise care and caution with regard to the safety of fellow commuters. Therefore the defendant had a duty to ensure safety of the plaintiff.

Breach of Duty

The next step for the plaintiff is to show that the defendant breached the duty. This is done usually with the aid of police reports that determine the cause for arrest such as reckless driving, jumping lights, driving under the influence, etc. The report usually indicates that the driver acted unreasonably at the time of the accident – Dominic Toretto did not act unreasonably when he killed Fenix but that is another topic. Forensic experts and witnesses may be called upon to testify, say Alabama accident attorneys.

Causation

Causation in legal terms means that the auto accident caused the injuries that the victim suffered. In other words the driver’s negligent behavior led to the car accident which injured the plaintiff. The plaintiff must show that the defendant’s conduct led to the injuries and that there is a clear link between the two.

In most cases causation is evident. For example, if a defendant’s car ran over the foot of a pedestrian while speeding then it is clear that the defendant’s bad driving caused the injuries. However, if the plaintiff has an underlying physical condition that causes back pain then he/she will have problem linking the back pain with the car accident.

Proof of Injury

Birmingham, AL accident lawyers point out that photographic evidence, medical reports, and testimonials from healthcare providers are also important to prove that the plaintiff was injured. The plaintiff can claim compensation against income loss, medical expenses, loss of enjoyment, and pain and suffering.

If you have suffered injuries and financial losses in an auto accident due to the actions of a negligent driver, make sure to reach out to an Alabama accident lawyer as soon as possible. This is the best way to protect your rights and become financially whole again.