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Proving Liability and Negligence After a Car Crash

Scales of Justice in the Courtroom In car crash cases, there are a number of legal factors that need to be considered in order to help a victim seek compensation. Of course, like any kind of personal injury case, the most important aspects are proving liability and negligence.

How is this done? Well, there are four different factors of proof in order to show that someone should be held responsible for any injuries that were caused. Here are some of the things that should be considered to prove liability.

Duty of Care

When a driver is issued a license, it is done so with the knowledge that the driver has a duty of care to others on the road. This means the individual must drive responsibly and with the safety of others on the road in mind.

Breach In the Duty of Care

Whether an individual is driving while intoxicated, distracted, or in any other way recklessly, it can be seen as a breach in the duty of care that must be upheld. This means there was some form of negligence present in the driver’s actions.

The Breach Led to the Accident

If the accident is caused by the driver’s decision to either break the law or because of their negligent actions, this attributes to liability. It must be shown that the cause of the car crash was the action that breached the duty of care.

The Accident Caused the Injuries

Finally, it must be shown that the injuries were the result of the accident. This means that any pre-existing injury cannot be attributed to the crash unless it was severely aggravated as a result. If the accident caused the injury and all other factors are proven, the case for liability may be protected.

At Lowe Law Group, we understand how difficult it can be for individuals to go through the legal process, especially when they are unsure of what to expect. We know how to prove negligence and hold liable parties accountable.

You can trust that we are dedicated to helping you seek the compensation—and the justice—that you need and deserve. If you’ve been harmed, our firm stands ready to be by your side every step of the way, protecting your best interests.

Schedule a free consultation to discuss your potential case. Call (801) 900-4681 today for yours.