Negligence can be difficult to prove in a number of personal injury cases, especially after a hit-and-run situation. What’s more, Ocala is a very busy part of Central Florida with traffic coming through, particularly to and from Daytona. Hit-and-run accidents are high all year long and can only be expected to rise as we move into the tourist season. You will encounter problems like proving negligence and even finding the guilty party when you have been the victim of a hit-and-run incident.
Fortunately, reputed law firms, such as Steven A. Bagen & Associates, PA, are there to help. These car accident legal specialists can help you complete the discovery process and get the compensation you need and deserve.
The Challenge of Proving Negligence
There are several components to any successful negligence claim. First, you must show that the other party had a duty to exercise reasonable care. Second, it must be shown that the other party committed a breach of that duty. Third, there must be a causal link between the breach of duty to some form of injury. Finally, it must be shown that damage to the plaintiff has resulted from these things.
- Duty: A state in which reasonable care can and should be expected
- Breach: The state of having neglected to exhibit reasonable care
- Causation: Breach of duty to exhibit care has caused injury or damage
- Damage: Damage must have been suffered by the plaintiff as a result
Proving Negligence in a Hit-and-Run Accident
Naturally, proving negligence in a situation where the other driver evades the scene altogether is especially tough. But there are things you can do to improve your chances of a just outcome.
Call the Police
Call the police immediately. Not only can this help improve your chances of bringing the perpetrator to justice, but it will also generate a record of the event that is public and searchable. Police have investigative authority you do not, which may bring new evidence to light.
Get Medical Attention
Get medical treatment as quickly as possible. You may have injuries that you do not detect right away, particularly in the neck and spine. You need to be checked out as soon as possible. This can help create a searchable record of the damage you have suffered.
Investigate the Accident
At the scene, if you are physically able, you can investigate by photographing damage to your vehicle, skid marks on the pavement, and other physical evidence. You can also ask witnesses to share anything they may have seen. You may also track down video footage taken by CCTV cameras in the area, as well as any video or images witnesses may have taken.
Hire an Attorney
The best way to overcome the struggles of proving negligence is by hiring an experienced attorney. A personal injury attorney can help you to a great extent and can protect you from insurance frauds. Hiring a lawyer is a necessity in a hit-and-run accident.
Inform Your Insurance Provider
Finally, it’s best to inform your insurance provider at the earliest opportunity. This will help fill out the record of your case. Furthermore, your insurance company is likely to investigate your claim, which is likely to produce further evidence which may help your case.
Of course, obtaining experienced, reputable legal counsel is also highly advisable.
