If you have been injured in a car accident, you may be thinking about taking action against the driver that caused the wreck. To do so and win compensation, you have to prove that certain aspects of the case are true. Read on and find out more about the three legal elements that must be met before you can be paid the compensation you need and deserve.
Duty of Care
As people take to the road, they all owe each other a responsibility to be as careful as they can. This is known, in legal terms, as a duty of care. Since all drivers must be careful, you just have to show that the driver was driving the car at the time of the accident. This is the most simple aspect of the case to prove, but you might be surprised at how things can get confused at a complex accident scene. Be sure you are taking action against the right person and the correct vehicle in the correct state and using the correct court of law.
Breach of the Duty of Care
A breach is an opening or a break. There has been to a moment when the other driver failed to be careful enough and caused the accident. Some accidents can be avoided if the driver pays attention, is not distracted, follows the rules of the road, and more. You have to show that the other driver erred in some way. The other driver might say that they were unable to see you because you failed to have your headlights on. That can leave doubt as to a breach since they may be able to prove they did nothing wrong. Fault, or liability, plays a big role in personal injury accident cases and you must identify why and how the other driver breached their duty of care.
An Injury Was the Result of the Breath
These legal elements are like a chain that must be unbroken for you to have a case. This final legal aspect means that the other driver's breach of duty led directly to the accident and your injuries. This factor is the most difficult to prove and the most complex. Your personal injury attorney has to draw a line directly between the actions (or inaction) of the other driver and your injuries. Unfortunately, the defendant has plenty of defenses at their disposal even if the first two elements are in place. For example, if you ended up with a debilitating back injury after the accident, the defense will try to show that your injury was not caused by the other driver at all. They might dredge up old medical records that how you had a previous accident and complained about your back at that time.
To find out more about the above legal questions above, speak to your personal injury attorney.Share