A reckless driver is a negligent driver. He or she handles a motor vehicle in a careless and neglectful manner. The driver’s habits could one day cause him or her to be held responsible for a specific car accident.
Still, the legal system allows any defendant the opportunity to challenge the allegations made by the plaintiff. In other words, no matter how badly a victim has been injured, that victim/plaintiff must produce proof of the defendant’s negligence. That calls for production of support for 4 different elements.
The first element: Proof of a duty of care
Society has placed certain duties on any person that has chosen to take on a specific role. Someone that has decided to drive a car must carry out specific duties. He or she is supposed to use care, and to try to avoid getting into an accident.
If a driver becomes careless and causes an accident, it can be alleged that he or she failed to carry out the expected duty of care. That absence of care represents one of the 4 elements needed, in order to prove that a negligent driver should be held responsible for a given accident.
The second element: Proof that the defendant breached a duty of care
If a careless driver has broken the law, while causing an accident, then he or she could get a ticket. That ticket would serve as evidence of the fact that the recipient of the ticket had breached his or her duty. If no ticket has been granted, a witness might come forward and attest to the wrongful acts of the less than careful defendant. Sometimes, too, the very nature of the accident reveals the nature of the defendant’s breach. For instance, a rear car accident shows that the defendant failed to stop, when it was obviously time to halt a vehicle’s forward movement.
The third element: Show that the defendant’s actions caused the plaintiff’s injuries
It might seem obvious that when someone that was in a hit vehicle has developed a related injury, then the person driving the responsible vehicle should be held liable for those injuries. Still, a defense team might try to prove that the plaintiff aggravated the injury by waiting to see a doctor. That is why accident victims should seek immediate medical attention, as per personal injury lawyer in Calgary.
The last of the needed elements: Evidence that the plaintiff suffered a loss.
That evidence normally takes the form of bills from doctors or from facilities that helped to treat the plaintiff’s injuries. Those bills would demonstrate loss of money, due to the need to pay medical expenses. If the plaintiff were employed, then loss of income would also count as a demonstrable loss.