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Elements of a Car Accident Claim

Car accidents can happen anytime. According to the website of Williams Kherkher, more than 2 million auto accidents occur in the United States every year.Most of them are severe which could mean expensive medical bills and other expenses. Getting involved in a car accident can be a hassle as you could find yourself getting delayed if you are on your way to the office. If the accident happened in an “at-fault” state, you can make the person liable for the accident. You can be compensated as long as the requirements for negligence are satisfied.

In a car accident case, you can make the other driver liable for damages by proving that they were at fault. This is where having an experienced attorney can come in. Your lawyer will be the one to prove liability and work out the amount of damages you can get. When making a car accident claim, certain elements would have to be present and here they are:

1. Duty of Care

Observing traffic rules, driving slowly, avoiding distracted driving, and others are examples of duty of care. Duty of care means doing your best to ensure the safety of other people or properties. Doing the opposite is negligence and can make you liable for damages.

2. Breach of Duty

Any negligent act by a driver that results to injury or death to another driver violates the duty of care. When you drive recklessly or intoxicated, or use your cell phone while driving, you are breaching duty of care and hence can be held liable when you get involved in a car accident.

3. Causation and Damages

Causation comes in two forms. There is direct cause as well as proximate cause. The former refers to breach of duty as the direct cause for the accident while the latter means that even though there is breach on the part of the driver, it may not have been the direct cause of the accident. A car that runs over a pedestrian who then breaks his leg is an example of direct cause. On the other hand, if a drunk driver loses control of his vehicle, bumps into a utility pole which then falls into a pedestrian resulting to a broken leg is an example of proximate cause.

Damages, on the other hand, may refer to injuries to a person, physical damagae, monetary damages, or pain and suffering. Damages may involve economic and non-economic damages. The first type of damage is quantifiable while the second one is not.

Car accidents can be traumatic for some people especially if the crash caused the death of another person. Be a responsible driver so you would not get into trouble and hassle of car accident claims.

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