After a car crash, how is negligence established?
Anyone who has been in a car accident, whether in Arizona or elsewhere, may have a number of questions following the event. This is particularly true if one believes he or she is not at fault and would like to seek damages for any resulting losses. In order to do this, though, one will have to prove negligence. How is negligence established after a car crash?
Proving fault after a car accident is not always easy. There are some accidents that are pretty cut and dried as to who is responsible, but others may take a little more time for authorities to iron out the details and gain a full picture as to what happened. However, through a thorough investigation, the cause may be accurately identified.
When filing a personal injury or wrongful death claim after a car accident, there are certain elements that must exist in order for negligence to be established and for a case to be successfully litigated -- which are duty, breach, causation and damages. In a car accident, duty simply refers to a driver's obligation to operate his or her vehicle safely. If there is a breach in duty, this means that the driver deemed responsible for the accident failed to act appropriately. Causation refers to that individual's actions being the cause of the victim's injuries, and finally, damages refers to any harm suffered by a victim at the hands of another person.
Through legal means, it is possible to seek compensation for the losses endured as a result of a car crash. If all four of these elements can be established in court, the victim -- or in the event of fatality, his or her surviving family members -- may be awarded financial relief for any damages sustained. Doing this is not always easy, but those in Arizona who have been injured or lost loved ones in auto collisions can seek legal assistance to help them with their cases.
Source: FindLaw, "Proving Fault: What is Negligence?", Accessed on Jan. 10, 2016