Car accident laws are rarely, fully understood by drivers. There are legal rules that determine the party responsible for the damage caused, as a result of an automobile accident. These laws are focused predominantly on negligence. Negligence is the failure to take reasonable care in avoiding the cause of loss or injury to another person. Like in many other personal injury cases, car laws vary by state. It is important to understand these laws and ideally, contact an attorney if you have any questions about your rights. You should never assume an outcome or responsibility.
Universally, in order for victims of car accidents to receive compensation, four primary principals must be proven: duty, breach, causation, and harm. Drivers of automobiles have a legal obligation to show consideration to others; they must follow traffic laws. Following traffic laws is considered a duty. In other words, maintaining the legal speed limit, controlling your vehicle properly, following traffic signs and signals, and so forth, is the duty of drivers operating their vehicles. If a driver fails to comply with the rules of the road, they are not fulfilling their duty.
Typically, the plaintiff will have to provide evidence that the defendant did not fulfill their duty as a driver of a vehicle. This is called Breach. Breach is a violation in the performance of or a failure to perform, an obligation created by a promise. In other words, it is the duty of the driver, to follow the law, without excuse or justification. This must be demonstrated by direct evidence. Direct evidence would potentially include a traffic surveillance video, an admission of fault, or eyewitness testimony. However, if direct evidence is unavailable, the plaintiff could rely on circumstantial evidence. Circumstantial evidence would include things like a paint smudge, proof of a wet surface, or even skid marks from a tire.
Causation is the proof of conduct that connects the resulting effect, here, in damage or injury. In order to have a valid case, the plaintiff will have to prove causation. For automobile accident cases, this can be achieved in a variety of ways. It is important to note, that the breach of duty would not necessarily be considered direct causation. The court will have to assume that those circumstances caused the plaintiff’s injuries.
Ultimately, in order to receive compensation, harm has to be proven by the plaintiff and it has to be shown. Compensation is awarded for grief, pain, medical expenses, lost wages, and other reasons as well. You should know, that if you are suffering from any form of injury, as a result of a car accident, you may be entitled to compensation.
If at any point, you are injured in an automobile accident, it is best to reach out to an attorney. Ideally, you should consider an attorney with experience in these types of cases. If you are in need of an automobile accident attorney, reach out to Maes Law for help. We can help guide you through the process, and take care of your needs.
SIGN UP FOR OUR NEWSLETTER: