After a car accident, it’s crucial to prove someone else was responsible for your harm. To do this, you need to take specific steps that allow you to show negligence. Before you move forward, here are the four factors of liability you should know about, so you can move forward effectively.
Duty of Care
First, you must show that the other driver had a duty of care. Once someone drives, they hold a responsibility to keep all others safe by following laws and avoiding negligent actions. The fact that the other person was driving establishes the duty of care.
Breach in the Duty of Care
Showing negligence is the next step. You must show the other driver committed a breach in their duty of care by doing something that another reasonable driver would not have done in the same situation. For instance, drinking and driving or texting while driving would be a direct breach of the duty of care and responsibility to keep others safe.
Causation means showing that the driver’s breach in the duty of care led to the crash. One situation that can impact this is if the driver was intoxicated, but the underlying cause of the crash was a product defect. In this case, you may not be able to hold the driver accountable; instead, you would seek compensation from the part manufacturer.
In any case, it helps to speak with a lawyer about your options.
To file a personal injury claim and potential lawsuit, you must show that the other driver’s actions and the subsequent crash led to damages. You would only pursue compensation for medical bills, lost income, property damage, emotional suffering, and more.
Our Los Angeles car accident lawyers go above and beyond to safeguard your rights through the challenging time that lies ahead. If you suffer an injury in a crash, our team at BD&J, PC will work to prove liability on your behalf and pursue the maximum compensation available to you.