What Are The Elements Of A Negligence Claim After A Motor Vehicle Accident?

May 9, 2018

Duty
#Breach Of Duty Of Care
Causation
Damages
Hiring A Car Accident Attorney

When a Car Accident occurs as a result of someone else’s negligent driving, the injured party may have the legal right to file a Personal Injury Lawsuit against the at-fault driver.

To win a negligence lawsuit case, the victim must prove all “elements” of negligence were present, and therefore the other driver is responsible for any bills that accumulate as a result of the collision.

So you may be wondering, What are the Elements of a Negligence Claim after a Motor Vehicle Accident?

Keep reading to find out!

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Element #1 Duty

Every driver on the road has a duty to operate their motor vehicle safely and in a non-hazardous manner. This is to ensure that other drivers and their property are not damaged while driving.

Drivers are expected to abide by all traffic laws at all times. For example, speed limits, traffic signs, and turn signals are in place to protect drivers, and when someone fails to uphold this duty of care, it constitutes as a breach.

Element #2 Breach of Duty of Care

It’s not enough to only prove that the other driver owed them the duty of care, they must also prove that they breached this duty.

A breach occurs when the other person fails to uphold the duty of care and thereby causes damage or injury to occur to the other driver.

Even a minor breach of the duty of care can result in severe injuries and damages to occur to the another driver.

Depending on the breach that occurred, the driver could end up being held civilly and criminally responsible for the accident.

Element #3 Causation

It must also be proven, that due to the driver’s breach of duty, the victim suffered injuries and damages.

The breach of duty must be the direct result of the victims suffering. It has to be proven that the injuries or damages would never have occurred if the other driver had not committed the breach of duty.

An experienced Car Accident Injury Attorney will be able to prove causation in a motor vehicle accident. It can often be difficult to prove on your own.

Element #4 Damages

The accident victim must also prove a legally recognized harm, such as a physical injury to themselves or to their property.

The failure to exercise reasonable care must result in actual damages to the person who is owed a duty of care.

This can be proven by medical documentation from a Doctor who states that the injuries they are treating you for were a direct result of the car accident.

It also helps to have police documentation stating that the damages inflicted to the vehicle were caused by the other driver.

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Hiring a Car Accident Attorney

When you become the victim of a car accident, it’s important to hire an attorney for legal help. If you believe that the accident you were involved in was a result of the other driver’s negligence, it’s important to have an attorney who can prove your case and help you receive the compensation that you deserve.

Remember, it’s not just about being hit by another vehicle, all the of above elements must be present if you want to receive a settlement.

Proving that all of the elements of negligence were present in the accident that you were involved in can be difficult to prove on your own. The other driver’s insurance company will do their best to try and prove that you were partially at-fault for the accident.

When you hire an experienced car accident attorney to handle your case, they will be able to prove that all negligence elements were present and that you deserve to be compensated for the damages and injuries that the other driver caused.

To see if we can help with your case, we offer a free consultation.

This gives us a chance to speak with you regarding the details surrounding your accident injury case.

Click on the link below now to schedule your free consultation with our expert Car Accident Lawyers today.

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