Every driver has a duty to drive in a safe manner that will protect both himself and others. When a driver causes a car accident due to negligent actions, people can get severely injured. During a lawsuit, your car accident lawyer will have to establish negligence by proving these four elements.
The Driver Had a Duty of Care
The term “duty of care” is often used in negligence lawsuits, but what does it mean? Duty of care is defined as a set standard placed on people to abide by certain rules to keep others safe. So, the duty of care in a car accident case simply means that the at-fault driver had a responsibility to follow the law.
The Driver Breached His Duty of Care
When the driver breaches his duty of care, the law has been broken and an accident has occurred. For example, if the negligent driver ran a red light and hit you, he broke the law that requires drivers to stop at a red light.
The Driver’s Negligence Caused Injuries
There must be a linked cause and effect in negligence cases to prove that injuries were sustained. Using the example above, you now have a broken arm due to the red-light runner hitting your vehicle. However, if you broke your arm a few days prior, that would not be a linked cause and effect.
The Victim Suffered Injuries
If you’ve been injured in a car accident, your car accident lawyer can request that you are compensated for your medical bills. This is why it’s so important to go to a doctor immediately following a car accident! We can use these legitimate documents to prove your injuries and request compensation.