Law Blog

dormanlawad-728x90-banner-v2-ani

Three Elements to Prove to Ensure a Successful Personal Injury Claim after a Car Accident

Law
SHARE
, / 224 0

A car accident can lead to trauma that can significantly change your life in a lot of ways. If your car sustained serious damage, you could lose your only means of transportation to get to work and run errands for your family. If you have been seriously injured, you may be dealing with pain from your injuries that may last forever. 

 A reputable car accident attorney Fort Wayne will help you get compensated for your injuries and any loss of quality of life. However, to make sure you are compensated fairly, you must show that the accident was caused by the other driver. The following are the elements you must prove for a successful claim after a car accident:

The Duty of Care

Each driver is expected to drive their car in a safe and non-hazardous way to avoid causing damage to other road users and their property.  Thus, drivers should abide by all traffic laws, turn signals, speed limits, traffic signs, and other factors in place to protect everyone. If they fail to fulfill this duty of care, they commit a breach.

The Breach of Duty of Care

Any victim harmed in an accident who wants to file a personal injury claim should prove the other driver is at fault. Although even minor breaches can lead to serious accidents, there are other breaches of duty like reckless driving, drunk driving, and running red lights that can result in catastrophic or fatal injuries. These actions can lead to civil liability and criminal punishment.

Causation

It is imperative to prove that the driver’s breach of duty directly caused the injuries and damages of the victim. Causation can be considered cause-in-fact which means the breach of duty directly caused the victim’s injuries and damages. Also, it can be considered proximate which refers to circumstances in which a breach of duty may not be the direct cause; however, the damage still occurred because of the breach of duty.