What Are the Elements of a Car Accident Injury Claim?

A duty is a legal obligation that we owe to someone else in a variety of daily contexts: for example, whenever you operate a motor vehicle, you are required to drive in a reasonably careful manner. This requirement is known as a duty of care.

Every driver has a duty to obey traffic laws. You are expected, for example, to follow traffic signals, drive at a speed appropriate for the conditions, drive without impairment due to drugs and alcohol, and keep your focus on the road.

Once it is established that the other driver owed you a duty of care, the next step is to show that they breached that duty.

The “reasonable person” test is often applied in negligence law. It asks, “What would a reasonable person have done in this situation?” For example, would a reasonable driver stop at a red light? Would a reasonable driver send text messages on a busy road while their vehicle was in motion?

The other driver may have breached their duty if they failed to do what a reasonable person would have done in the same situation.

The third element that must be satisfied is causation. In other words, you must show that the other driver’s conduct (i.e., their failure to exercise reasonable care) caused your injuries.

Causation disputes can arise when a claimant seeks compensation for the aggravation of a pre-existing injury. The insurance company may also try to claim that your injuries are related to an incident other than the car accident, or that the accident was not severe enough to cause your injuries. Medical record documentation is an important factor in establishing causation.

Insurance company minimizing your claim? Consider hiring a lawyer.

An accident might leave you feeling shaken. But without actual, verifiable injuries and/or financial losses, your claim could fail to prove the final element of a successful negligence claim.

The compensation you are eligible to receive is known as “damages.” Several types of damages are common in car accident cases, including money for medical bills, lost wages, pain and suffering, and property damage. It is rare to walk away from an accident without any damages since even minor fender benders can cause significant harm to your body and vehicle.

Knowledge about the law is a source of empowerment. Sometimes, though, there is no substitute for an experienced, trial-tested lawyer. 

The injury lawyers at Morgan & Morgan understand the small legal nuances that can make a big difference in your case. We’ve handled thousands upon thousands of car accident lawsuits and don’t hesitate to go to court against insurance companies that play games with our clients.

To find out how Morgan & Morgan can help, please contact us.