Can I file a lawsuit against another driver after a collision?

To recover on a claim against an at-fault driver in a car accident, you will need to show that:

  • The driver was negligent or careless.
  • The carelessness was the direct cause of your injuries.
  • The harm you experienced is something you can be compensated for.

Negligence is defined as behavior that no reasonable driver would have exhibited under the same circumstances. If a reasonable person would have been more careful or would not have made the decision the at-fault driver made, then the driver may be considered negligent.

If a driver has violated any road safety laws – such as drunk driving laws or speed limits – the violation may create a presumption that he or she was negligent.

Posted in: Car Accidents