When you sustain a traffic injury due to another party’s actions, your legal right to seek accident compensation is rooted in tort law. Specifically, most motor vehicle claims are governed by the principle of negligence.
Negligence occurs when a driver’s behavior fails to meet the standard level of care expected by society. To successfully secure an Accident Settlement, you and your Personal Injury Lawyer must prove four specific legal elements.
1. Duty of Care
The first step in establishing Liability is proving the defendant owed you a duty of care. On the road, every driver has a legal obligation to operate their vehicle in a reasonably safe manner.
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Negligence Per Se: This doctrine states that if a driver violates a safety law (such as running a red light or speeding), they have breached their duty as a matter of law.
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Reasonable Standards: Even if a specific law isn’t broken, drivers must follow accepted safe practices, such as maintaining a safe following distance or refraining from distractions like texting, regardless of specific state statutes.
2. Breach of Duty
A breach occurs when a driver fails to act as a “reasonably prudent person” would under similar circumstances. In Traffic Accident Laws, the jury does not need to determine the driver’s intent. Instead, they focus on objective behavior.
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The Objective Standard: Would a cautious driver with good judgment have acted differently? If the answer is yes, a breach of duty has likely occurred. This allows the legal process to focus on actions rather than the driver’s state of mind.
3. Damages
To prevail in a negligence claim, you must prove that you suffered actual Damages. The legal system does not allow for lawsuits based on “near misses.” You must demonstrate a tangible loss, such as:
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Economic Damages: Medical invoices, rehabilitative costs, and documented lost wages.
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Non-Economic Damages: Pain, suffering, and a measurable decline in your quality of life. These losses provide the “standing” required to pursue a claim for accident compensation.
4. Causation
The most complex element to prove is that the driver’s breach of duty was the direct cause of your injuries. Legal causation is divided into two distinct parts:
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Cause-in-Fact: But for the driver’s actions, would the injury have occurred? If the accident was a necessary link in the chain of events leading to your injury, this element is met.
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Proximate Cause: Was the injury a foreseeable result of the driver’s negligence? This prevents drivers from being held liable for freak occurrences that no reasonable person could have anticipated. For example, it is foreseeable that reckless driving could cause a collision and subsequent physical trauma.
Proving Your Claim with Expert Legal Help
Establishing Liability requires a strategic assembly of evidence. This includes police reports and witness testimony to prove the Breach, medical records to prove Damages, and expert medical opinions to establish Causation.
Without professional Legal Help, insurance companies will often attempt to shift the blame or argue that your injuries were not caused by the crash.
If you have been injured, don’t leave your recovery to chance. Complete our consultation form today to match with a skilled accident attorney who can help you prove liability and secure the settlement you deserve.