How can I prove that another driver’s negligence caused a brain injury from a car accident?

Motor Vehicles Accidents - September 5, 2024

Suffering a brain injury in a car accident can have devastating and life-altering consequences. If another driver’s negligence caused your brain injury, you may be entitled to compensation for medical bills, lost wages, pain and suffering, and more. However, proving that the injury resulted from the other driver’s negligence can be complex.

At Horwitz, Horwitz & Associates, our Chicago car accident lawyers specialize in helping victims of brain injury build strong cases and secure the compensation they deserve. Here’s a detailed look at proving negligence in a brain injury car accident case.

Understanding negligence in brain injury car accidents

In legal terms, negligence occurs when one party fails to exercise reasonable care, harming another person. To prove that the other driver’s negligence caused your brain injury in a car accident, you must establish four key elements:

• Duty of care – The other driver was legally responsible for operating their vehicle safely.
• Breach of duty – The driver failed to uphold this responsibility, violating traffic laws or driving recklessly.
• Causation – The breach of duty directly caused the car accident and your resulting brain injury.
• Damages – You suffered measurable harm, such as medical expenses, lost wages, and pain and suffering.

Let’s break down each of these elements and explore how you can gather the evidence needed to support your brain injury car accident claim.

Proving duty of care and breach of duty

All drivers are legally required to follow traffic laws and operate their vehicles with reasonable care to avoid harming others on the road. This is known as the duty of care. If another driver failed to do this by speeding, running a red light, driving under the influence, or engaging in distracted driving, they have likely breached this duty.

Gathering evidence of breach of duty

To prove that the other driver breached their duty of care, you’ll need to gather compelling evidence. Here are some steps you can take:

• Police reports – After a car accident, the police will file an official report that documents the details of the crash, including any citations issued to the other driver. This report can serve as a crucial piece of evidence if the driver was ticketed for a traffic violation.
• Witness statements – Eyewitnesses who saw the accident occur can provide valuable testimony about the other driver’s behavior. For example, if a witness saw the driver texting while driving or speeding, their statement can support your claim of negligence.
• Traffic camera footage – In some cases, traffic cameras or surveillance cameras may have captured the accident. This footage can be instrumental in proving that the other driver was at fault.
• Expert testimony – Accident reconstruction experts can analyze the scene of the accident and provide testimony about how the crash occurred. This can help demonstrate how the other driver’s actions led to the collision.

Proving causation: Linking the brain injury to the car accident

Even if you can prove that the other driver was negligent, you must also demonstrate that their actions directly caused your brain injury. This is known as causation. Since brain injuries may not always be immediately apparent, proving the link between the accident and the injury can be challenging. However, with the right medical documentation and expert testimony, you can build a strong case.

Medical evidence

Obtaining thorough medical documentation is essential in proving that your brain injury resulted from the car accident. Here’s how you can support your claim:

• Immediate medical evaluation – It’s crucial to seek medical attention as soon as possible after the accident. Even if you don’t feel immediate symptoms of a brain injury, such as a concussion or traumatic brain injury (TBI), getting a prompt evaluation can help establish a clear connection between the accident and the injury.
• Medical records – Your medical records should include detailed descriptions of your brain injury, treatments, and the timeline of when symptoms began to appear. These records will help establish the accident as the direct cause of your injury.
• Expert medical testimony – In many cases, medical experts can provide testimony to explain how the car accident likely caused the brain injury. Their professional opinion can reinforce the connection between the accident and your condition, particularly if the injury was severe or if you suffered long-term effects.

Proving damages: The impact of the brain injury on your life

Finally, you must show that you have suffered measurable damages as a result of the brain injury. This includes not only medical bills and lost wages but also the emotional toll and long-term effects of the injury.

Documenting your damages

• Medical bills – Keep detailed records of all medical expenses related to your brain injury, including hospital stays, surgeries, medications, and rehabilitation services. These will demonstrate the financial impact of the injury.
• Lost wages and future earnings – If your brain injury has prevented you from working, you can seek compensation for lost wages. Additionally, if the injury will impact your ability to work in the future, expert testimony may be needed to estimate your loss of future earnings.
• Pain and suffering – Brain injuries often result in physical pain, emotional distress, and long-term cognitive or behavioral changes. Your attorney can help calculate the non-economic damages you’re entitled to, based on the severity of your injury and its impact on your life.

How Horwitz, Horwitz & Associates can help

Proving that a brain injury from a car accident was caused by another driver’s negligence requires a thorough understanding of the law, expert testimony, and meticulous evidence gathering.

At Horwitz, Horwitz & Associates, our experienced personal injury attorneys have successfully handled numerous brain injury car accident cases and know how to build a compelling case for our clients. Contact us online or call (800) 985-1819 to schedule a free case consultation.