There are many factors that come into play when establishing who is at fault when an automobile accident has taken place. To make matters even more complicated, there are subtleties and nuances that make matters far more complex to understand who is at fault. It is important to understand the intricacies that lie in personal injury law and how that determines who is at fault when a car accident has occurred, particularly when one of the party’s was negligent.
Negligence:
It is expected for every single person to behave that adhere to certain standards of conduct that should apply to anyone in our society. If someone recklessly does not follow through, then the person might cause severe damage to others. In this case, negligence can be seen as the leading factor that contributes to an unreasonable risk of harm.
To prove negligence, the plaintiff must be able to prove a series of elements to show that there is negligence.
- Duty or care
- Breach of duty
- Causation
- Proximate cause
- Damages
After the accident:
Once the accident has taken place, the victim must be able to trace back the events and figure out exactly what happened and whether the defendant was being negligent or not. To do this, the victim must look into the events. Every driver has a duty of care, meaning they have the responsibility to drive carefully knowing that their actions can cause severe injuries to others. Once that duty has been breached, then it can be said that their actions have caused an injury to the victim and just compensation, or damages, should be given.
