Following a car accident, it’s crucial for those involved to recognize liability. Showing that one party is liable for the accident helps in pursuing compensation. Not only this, but you can also hold the negligent party accountable for their actions.
Proving liability requires four factors:
1. The Defendant had a Duty of Care
When someone has a driver’s license, they have a duty to care for all others on the road. Drivers must ensure they’re driving within the laws to prevent serious harm. Once someone has a license, they must follow the laws; therefore, they have a duty of care.
2. There was a Breach in the Duty of Care
Any act of negligence, or one that violates state traffic laws, is a breach in the driver’s duty of care. A breach in the duty of care can include anything from speeding and swerving through traffic to drinking or texting while driving.
3. The Breach of Duty Resulted in an Accident
To prove negligence, you must show that the negligent act was the direct cause of the crash. For instance, in the event of a drunk driving accident, you must show that the intoxication caused the individual to crash into you.
4. The Accident Resulted in an Injury
Finally, you must show that the crash was the cause of the injury. If the injury stems from another situation or you suffer harm after the actual accident, this factor of proving liability is missing. You may be unable to file a car accident lawsuit seeking damages for injuries if you cannot prove that the negligence caused the injury.
At Chris Mayo Law Firm, we take car accident cases seriously. We recognize that there are countless obstacles you must overcome to pursue compensation. We’ll be by your side to help you every step of the way.
Our San Antonio car accident lawyers stand ready to build the strongest case possible on your behalf. We recognize the four factors to prove liability, and we’ll do whatever we can to help you obtain justice.
For a free consultation, call our firm today at (210) 899-5440.