Most personal injury cases are based on a negligence theory. You state that the at-fault driver owes you compensation because they drove negligently. Understanding the basics of negligence is key to recovering the compensation you deserve.
Burden of Proof
New Mexico law states that parties who cause harm to another are responsible for that harm. However, in a personal injury case, you will have the burden of proof. It’s not enough for you to allege that the other driver was at fault for the accident and should pay you compensation. You will need evidence to prove your case.
In civil cases, the burden of proof is by the preponderance of the evidence. This means that the facts are more likely than not as you allege. You must be able to tip the scales in your favor at least over 50%.
What You Must Prove
To successfully establish a negligence claim, you and your personal injury lawyer must prove the following four legal elements by a preponderance of the evidence:
Duty of Care
The duty of care is the legal responsibility one party owes to another. In car accident claims, the duty of care requires all motorists to:
- Follow the rules of the road
- Avoid collisions
- Drive safely
Breach of Duty
The breach of duty is the violation of the duty of care. It’s what the at-fault driver did wrong, such as:
- Speeding
- Following too closely
- Texting while driving
- Drinking and driving
- Failing to yield the right-of-way
- Making unsafe turns or lane changes
- Failing to maintain their vehicle
Causation
Causation connects the breach of duty and the accident. In legal terms, the accident would not have occurred but for the defendant’s breach of duty.
Damages
Damages are the losses you suffered because of the accident, such as:
- Medical expenses
- Lost wages
- Diminished earning capacity
- Property damage
- Pain and suffering
Evidence You Need to Prove Each Element
Meeting your burden of proof may require effectively presenting evidence of each element. Evidence that can help you prove your case may include:
- Duty of care: The specific road rules and laws that the driver violated can help establish the duty of care.
- Breach of duty: Traffic cameras, dash cams, or nearby surveillance cameras may have captured the accident and might have shown what the other driver did wrong to cause it.
- Causation: Evidence that may help show the cause of the accident could include vehicle event data recorder information, cell phone records, and witness statements.
- Damages: Medical bills, estimates for car repairs, invoices, check stubs, and letters from your employer can help establish your economic damages. Pain journal entries and testimony from your loved ones may help show your non-economic damages.
An experienced lawyer will know how to identify, preserve, and gather the most compelling evidence in your case.
Contact Our Dedicated Car Accident Lawyers for Legal Advice and Assistance
If you were injured in a car accident caused by a negligent driver, you shouldn’t have to pay the consequences. Our experienced legal team can investigate your case, gather crucial evidence, and present it in an effective manner. Call us at (505) 883-5000 or fill out our online contact form for a free consultation.