CAR, TRUCK, AND MOTORCYCLE CRASHES Chris Stolmeier
How to Prove Fault in a Car Accident
After you have been in a car accident you may be concerned about how you will be able to hold the other driver responsible for the accident. There can be many aspects that go into proving fault in a car accident. This article can inform you how to prove fault in a car accident.
Duty
To prove fault in a car accident, you must first show the person who caused the car accident owed a duty to you. While this may sound like a monumental task, an experienced lawyer can explain how to show the other driver owed you a duty of care. A duty arises when the law recognizes a relationship between the defendant and the plaintiff requiring the defendant to act with a standard of care to the plaintiff. The standard of care a driver must follow is an objective standard, which means a driver act the same way an ordinary person would under similar circumstances. Generally, every driver has the responsibility and duty to every other driver to drive their car in a reasonably safe manner.Â
Breach
Once you have shown the offending driver owed you a duty of care you must then show the offending driver breached that duty. In order to show the offending driver breach his or her duty of care to you, you must show the offending driver did not exercise reasonable care when driving her or her car. A driver can breach his or her duty of care in many different ways, such as speeding, intoxicated driving, distracted driving, careless driving, etc. Find out more about causes of car accidents that can breach a driver’s duty of care.Â
 Causation
Causation is the next element you need to prove fault in a car accident. To show causation, you must show that “but for†the offending driver’s breach of duty, you would not have been injured. In other words, you can prove causation by establishing you would not have been injured if the offending driver did not breach his or her duty. Additionally, entwined with causation is “proximate causeâ€. A proximate cause is the event that is immediately responsible for your injury. The proximate cause
DamagesÂ
Lastly, to prove fault in a car accident you must show that the injuries the offending driver caused resulted in damages. These injuries could be personal injuries or property damages.
Contact Stolmeier Law
The correct legal representation can determine how much compensation you will be offered for your car accident case. It is important to choose an experienced car, motorcycle, work truck, commercial truck, or 18 wheeler accident attorney to handle your case. With over 35 years of experience handling car accident cases, Stolmeier Law can help you receive maximum compensation. If you or a loved one has been seriously injured in a car accident, Call Stolmeier Law.