When a car accident occurs, and you suffer injuries because of someone else’s actions, you may have the right to pursue compensation for the damages you sustained as a result. However, proving the necessary factors involved in liability can seem to be a difficult task.
Understanding what factors are considered can be helpful in knowing what evidence to gather in the aftermath of a car accident. Here are the four main liability factors considered when determining if you are owed compensation for injuries sustained due to negligence.
- Duty of care: This one is typically easy to prove because anyone who has a driver’s license has a duty of care. They must care for the safety of the others on the road and any passengers in his or her vehicle.
- Breach of duty of care: When someone acts in a negligent manner, they are considered in breach of that duty of care they must provide to others. This includes drunk driving, distracted driving, speeding, and more.
- Breach of duty causes an accident: In order to successfully file a claim against someone for a car accident, it must be shown that their negligent act (breach of duty of care) was the direct cause of the accident. For instance, the driver crashed because he or she was texting while driving.
- Accident causes the injury: Many insurance companies try to claim that the injuries a victim has are either pre-existing or were the result of a separate incident. Showing that the accident did in fact cause the injury is important—making medical attention crucial after a crash.
At Hare Wynn, we know how to help prove liability and hold the negligent party responsible for his or her actions. You can count on us to build a strong case on your behalf and help you pursue the compensation you need and deserve.
Need legal help? Our car accident attorneys are here for your—standing in your corner every step of the way.
Call us today at 855-965-1688 and speak with a lawyer about your rights.
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