Car accidents can be devastating and life-altering events, especially when they involve drunk drivers. When a crash occurs due to the negligence of another driver, it is important to understand your rights and options for seeking legal recourse. One way to do this is by understanding the four factors of liability in a car accident claim.
These four factors—duty of care, breach of duty, causation, and damages—play an essential role in determining whether or not you are entitled to compensation for your losses. In this blog post, we will explain each factor in detail so that you can make informed decisions about pursuing a personal injury claim against the responsible party.
Drivers Have a Duty of Care
Drivers have a duty of care to follow all rules and regulations of the road in order to keep everyone safe. This includes obeying the speed limit, stopping at stop signs and traffic signals, yielding the right-of-way when necessary, avoiding distractions such as cell phone use and other forms of multitasking behind the wheel, and refraining from aggressive or reckless driving.
Furthermore, drivers should practice defensive driving techniques to help avoid potential hazards on the road. This includes scanning ahead for signs of danger, leaving an appropriate amount of distance between vehicles, and interpreting upcoming traffic signals correctly in order to react accordingly.
Proving the Driver Breached the Duty of Care
To prove a driver has breached their duty of care, it must be shown that the driver acted in a way that was not reasonable for a careful and prudent person. This means it must be proven that the driver did something wrong or didn't take appropriate steps to avoid an accident.
Evidence such as eyewitness statements, police reports, medical records and photos can help to demonstrate this breach of duty.
The Breach of the Duty of Care Resulted In an Accident
When someone is driving, they need to be careful. That means following the rules of the road and paying attention to what is around them. If a driver does not take care when driving, they might cause an accident. This could include driving too fast or not paying enough attention when changing lanes or turning. These are all things that can result in an accident if the driver does not follow their duty of care.
The Accident Caused an Injury
Car accidents can cause many different kinds of injuries. Some of the most common are bruises, cuts, broken bones, and head injuries. Other more serious injuries can include internal bleeding and damage to organs. If you are in a car accident it is important to get medical help right away so that your body can be checked for any possible injuries.