In the aftermath of a severe car accident, you must recognize the various rights and legal options available to you to pursue compensation. Unfortunately, you may be unaware of the four factors of liability and how these play a role in your ability to have a successful case.
These four factors are crucial to proving that the other party is liable for any damages you sustain in the crash. Without these four factors, the insurance company may wrongfully deny your claim, even though you have legitimate merit to file for compensation.
The following are the four main factors of proving liability:
- There was a duty of care present
- There was a breach of that duty of care
- There was a car accident resulting from the breach of duty of care
- There was an injury stemming from the negligence-related car accident
To learn more about each of these factors and what they mean, continue reading below.
If you suffer an injury in a severe crash, call our firm at (601) 228-6722 to discuss your rights.
The Negligent Party Had a Duty of Care
In almost all situations, a duty of care exists. Most individuals with a driver’s license have the assumed duty of care to ensure he or she, his or her passengers, and all others on the road are safe. The very fact that someone has a driver’s license creates a duty of care between said driver and you.
A duty of care means the driver is following all traffic laws, posted speed limits, traffic signs, and more.
The Negligent Party Breached the Duty of Care
A breach in the duty of care occurs any time the other driver acts unlawfully or otherwise negligently. For instance, negligent and unlawful acts often include the following:
- Drinking and driving
- Texting and driving
- Swerving between lanes
- Ignoring traffic signals and stop signs
- Driving while fatigued
When any driver commits these acts, they’re breaching the duty of care they have to keep you safe as another driver on the road. Unfortunately, these actions are some of the most common causes of devastating collisions.
The Breach of Duty of Care Led to a Car Accident
You must show that the actions of the other driver directly led to your car accident. For instance, if the other driver was texting while driving, you may show that the driver wasn’t looking when he or she ran a stop sign and hit your vehicle.
The breach in the duty of care must be the direct cause of the accident. When a driver runs into you because of defective brakes, the driver may not be the responsible party. In this case, you may take legal action against the manufacturer of the brakes.
The Car Accident Led to You Suffering an Injury and Property Damage
One reason it is vital to get medical care after a crash is the ability to obtain a medical report. The medical report goes a long way in showing your injuries were the direct result of the crash. Some insurance companies try to claim that injuries or property damage are pre-existing, thus eliminating the need to pay you compensation for the damages.
If you need help proving liability, you should speak with someone from our team at Williams Newman Williams. We have vast experience in car accident cases, and you can rest assured knowing that we dedicate our practice to going the extra mile on your behalf.
You can count on our Jackson car accident attorneys to always be by your side, protecting your rights from profit-driven insurance companies. Let us be your voice and pursue the justice you need and deserve.
Call us at (601) 228-6722 to discuss your potential case with a member of our team. We look forward to helping you through the challenging matters that lie ahead.