Car accidents that result in people getting injured or killed happen daily. But just because someone got injured due to another person’s actions does not mean they will automatically be held liable for the injured person’s injuries and related losses. Sometimes, a car accident is exactly that – an accident. In most cases, however, someone is liable or legally responsible for an injured person’s injuries if they were negligent.
But to establish liability for an injured person’s injuries, they must first prove negligence on the part of the person that hurt them by establishing the basic elements of negligence:
The Duty To Act Carefully And Reasonably
A duty is a legal obligation to act carefully and reasonably. The injured person must establish that the other driver owed them a duty of care. This is fairly straightforward because the law requires all drivers to follow traffic rules and exercise care. This means the defendant would be negligent if they failed to exercise reasonable care while driving and injured another person.
A Violation Of The Legal Duty
The injured person must prove the responsible party breached their duty to drive carefully. A breach or violation involves someone failing to act reasonably carefully. Common examples of this violation include speeding, reckless driving, improper turns, drunk driving, distracted driving, and ignoring stop signs and traffic lights.
A Connection Between The Accident And The Negligent Conduct
The injured person must prove that the at-fault driver’s negligent actions resulted directly in the harm they suffered. For instance, a driver texting while driving might not notice their vehicle drifting into oncoming traffic and hitting another vehicle. If a crash happens and leads to another person’s injuries, the injured party might argue the crash would not have occurred if the at-fault driver was not texting while driving.
The Actual Damages Or Losses Stemming From The Car Crash
It’s not enough to argue someone could have gotten injured to establish liability. To have a solid claim for negligence, actual damages or losses must have resulted from the crash. This means that people who have suffered injuries because of a negligent driver’s actions may be legally entitled to monetary compensation for their injuries, medical bills, emotional distress, lost income, and other losses.
Get Legal Help From An Experienced Somers Roadside Lawyer Now
Proving liability for an injured person’s injuries is rarely straightforward. Sometimes, the accident may involve multiple liable parties and a more thorough investigation requiring accident reconstructions and experts. A defendant’s potential liability may also hinge on the evidence and the extent and nature of the injured person’s injuries and other losses they incurred due to the accident.
Learn more about liability and car accident claims by speaking to a Somers roadside lawyer at Berman & Russo. Call 860-644-1548 or reach them online to set up a free consultation with a Somers roadside lawyer today.