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If you’re hurt, unable to work, and suffering after an accident caused by another driver’s negligence, you deserve to be compensated. The law requires the presence of negligence to pursue justice in a car accident case.
Negligence is a primary factor to verify carelessness and demand settlement accountability from the insurance company.
A Brooklyn car accident attorney can help you prove the negligent actions of another or other parties by examining elements of the incident. By reviewing these elements, a reputable lawyer can determine the viability of the case. Read on to learn more about the five factors that prove negligence in a car accident case.
1. Responsibility
As a law-abiding citizen, all drivers sharing the road accept an inherent portion of responsibility for the outcome of their actions and behavior. Among these responsibilities, they should maintain their vehicle in a roadworthy condition and handle their car safely to avoid causing harm to other road users.
Understanding and following the traffic rules also demonstrates responsibility by the driver. If the accident was due to a failure to follow these regulations included below, it is likely negligence has occurred.
2. Violation of the Legal Duty to Care
A driver is responsible for their actions while sharing the road. Therefore, any driver should adhere to traffic rules as a sign they care for other drivers on the road. When they fail to follow these rules, the court interprets it as a negligent action that may result in an accident.
The court may prove their failure to care for other road users lead to the accident. The court reviews to check if the driver’s actions are a breach of what any wise person would do in that position. Knowing what the driver knew about traffic discipline and causing the accident is a clear example of negligence.
3. Causation
A driver’s irresponsible actions before the accident could be considered negligence. As such, the plaintiff should demonstrate the defendant’s carelessness was the cause of the accident. Just because the driver was driving at high speed and caused a different collision does not mean that they are responsible for your injuries.
Where unforeseeable actions influence the driver’s actions and this results in an accident, they could be found not liable. Each case is unique and provides its individual complexities, which is why many individuals seek the help of an injury lawyer.
4. Proximate Causation
This occurs when the defendant causes an accident because of foreseeable negligent actions. If there are unforeseeable causes, the driver is not liable for negligence in proximate cause. Proximate cause is an action that leads to expected consequences without the intervention of another party. For example, when driving at high speed, no traffic police stops them, and they encounter an accident, speeding is a proximate cause.
5. Damages
The plaintiff in a car accident can suffer losses such as bodily injuries, destruction of property, and lost income, to name a few. An experienced attorney will help you address all the ways your life was negatively affected because of the accident. Next, they can quantify these losses to understand the value of your case. By understanding the value of your losses, they can then make a claim for compensation which is designed to make the victim whole again. Legally speaking, this compensation is referred to as damages.
Collaborate with Your Attorney to Prove Negligence
Although proving that another person’s actions cause your injuries can be complex, it is still possible. With the wealth of knowledge and tools an experienced lawyer can provide, car crash victims can find justice through financial compensation.
