Proving negligence is the foundation of any Indiana car accident claim. If you want compensation, you must show that the other driver failed to act responsibly and that their mistake caused your injuries. Working with an Indianapolis car accident lawyer is often the fastest way to build a strong case, but here’s what you must show.
The Four Elements of Negligence in Indiana
To hold someone legally responsible in an Indiana car accident case, you have to show that their negligence caused your harm. To do this, you need to prove four elements:
1. Duty of Care
Every driver owes others a legal duty to operate their vehicle safely, follow traffic laws, and avoid causing harm. Simply being behind the wheel creates this duty.
2. Breach of Duty
A breach occurs when the driver fails to act as a reasonable person would. Examples include:
- Running a red light
- Speeding
- Tailgating
- Texting while driving
- Driving while impaired
- Failing to yield
3. Causation
You must show the driver’s unsafe action directly caused your accident and injuries.
4. Damages
You must have real losses – medical bills, lost wages, pain and suffering, or property damage.
In car accident cases, proving a duty of care is generally the easiest part of the case. All drivers on the road are required to drive safely and act in a manner that is reasonable and will keep others on the road safe. The act of a person operating a vehicle on a public road is usually enough to prove they owed you a duty of care.
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Collecting Evidence of a Breach
To prove they breached the duty of care, you must show that they did something specific – or didn’t do what a reasonable driver would have done in the same situation. Some actions that often show breach of duty include running a red light, failing to yield to a pedestrian, texting or being distracted, speeding, following too closely, or driving under the influence. Gather as much objective evidence as you can, including:
- Crash scene photographs (damage, skid marks, road conditions, traffic signs or lights)
- Dashcam or surveillance footage
- Eyewitness accounts detailing driver behaviors
- Police report noting traffic violations and citations given to the other driver involved
- Cell phone records to check for distracted driving
- Red-light camera or security camera recordings
Proving Causation
It is not enough to show the other driver acted carelessly. You have to connect their unreasonable behavior to the accident itself. For example, this means showing that because a driver was distracted, they ran a red light and hit you. If they were distracted but it had nothing to do with why the accident occurred, you wouldn’t be able to file a successful claim. Here are ways to establish causation in a car accident case:
- Present medical records that show your injuries occurred as a result of the crash
- Use photographs or videos from the scene to demonstrate the sequence of events and impact
- Offer eyewitness statements that describe what happened and link the driver’s actions to the accident
- Use police reports that outline the cause of the crash and identify anyone who violated traffic laws
- Present expert analysis, such as reports from accident reconstruction specialists, which can show how certain actions caused the collision
- Include any available dashcam or surveillance footage that captures the impact itself
Showing this direct connection is essential. Each piece of evidence adds weight to your claim and demonstrates that your injuries would not have occurred if not for the other driver’s neglect.
Showing Damages
Showing damages is one of the most important parts of the case. Without any actual harm suffered, you don’t have the right to collect compensation. Examples of damages include:
- Medical expenses for emergency care, hospital stays, surgery, therapy, and medication
- Lost wages from missing work, as well as lost future income if you cannot return to your job
- Car repair bills or property that was damaged or destroyed in the crash
- Pain and suffering for the physical pain you experienced
- Emotional distress, such as anxiety, depression, or trauma caused by the accident
- Costs for long-term care or modifications if you suffered a permanent injury or disability
- Out-of-pocket expenses for transportation, home help, or medical equipment needed after the accident
Document each type of loss with receipts, bills, statements from your healthcare providers, and written notes about your daily life and symptoms. Being thorough helps prove the true impact the accident has had on you.
