We spend a large majority of our daily lives driving, so naturally, accidents are bound to happen. Much of the incidents that occur while driving are typical, someone cuts you off, another motorist did not signal properly, or any number of minor infractions. What happens when we get involved in a real accident with real consequences? Well, for the prosecutor or plaintiff, proving negligence is an important task to show that the other driver was responsible.
These 4 elements are what must be proven by the plaintiff:
1. Duty of Care Was Owed
Duty of care in the case of driving accidents is the accepted understanding that motorists owe each other the right to care, or safety while driving. This is generally understood as the road laws that we follow are there to give us a framework of civility. We take a risk every time we get behind the wheel that something could happen, but other drivers and ourselves try to minimize those risks by driving carefully. If the plaintiff can prove that the actions of the other driver that caused the accident was acting negligent and not providing you that duty of care, that is one of the main steps to proving their guilt.
2. Breached Duty of Care
Establishing that the other driver had a duty of care owed to you as another motorist is the first step, from there it has to be proven by the plaintiff how that duty of care was breached. Examples of breaching the duty of care are speeding, tailgating, texting while driving, among many others. The plaintiff also must show that the defendant was not acting as a reasonable person in that situation and that the offense committed was unjustified.
The evidence gathered prior, to the duty of care, and the breach of this duty will determine the next step. This step is to prove that these actions were, in fact, the cause of this supposed accident. When dealing with these types of issues it is best to call David Blackwell Law, professional help should always be welcome and is truly valuable in times like these. Dealing with causation will lead into the last of the 4 elements that the plaintiff has to prove negligence.
After proving that the defendant is the cause, it is time to determine that the duty of care, breach of that duty, and the cause were all relevant to and the accumulation of damages suffered to you and/or your personal being. Had it not been for these reasons, you would not be in this situation, which the plaintiff must prove on the injured driver’s behalf.
There are 4 elements that must be proven by the plaintiff in a legal case to determine negligence in a car accident. Duty of care owed, breach of that duty of care, causation, and damages. A successful plaintiff will be able to show that their client was not given safety to drive, that the accident was due to negligent driving, these reasons were causes, and that the cause resulted in damages to the plaintiff’s client.