If you or someone you love has been involved in a traffic collision, you will likely face many kinds of challenges. Car accidents are one of the most stressful situations that anyone can experience.
In the aftermath of an accident, you might wonder whether you can recover financial compensation through a legal claim. You may think, “I need to know when to take my car accident to court.”
If you find yourself in this situation, do not hesitate. Reach out to the skilled legal experts at Morgan & Morgan.
Our firm’s legal team has a sterling track record of effectively fighting for our clients’ best interests. You should not have to bear the burdens from an accident that you did not cause.
When you are thinking, “I wonder when to take my car accident to court,” consult with a legal specialist immediately. At Morgan & Morgan, we will gladly review the facts of your traffic collision case.
Our accomplished attorneys will accurately determine the value of your car accident case. We will work diligently to recover maximum compensation in your traffic collision case.
Fill out the simple form on the Morgan & Morgan website to arrange a no-cost legal consultation with no obligation to hire our firm. We are ready to fight for you.
The Legal Concept of Negligence
If you are thinking, “I want to know when to take my car accident to court,” you will need to know whether you have a viable case. Most traffic accident cases rely on proving that the other party was negligent.
The legal concept of negligence involves four distinct factors. These factors are duty, breach, causation, and damages. Below, we will discuss each of these elements in detail.
Duty of Care
Generally speaking, motorists owe other drivers and pedestrians a duty of care. This duty entails a responsibility to drive in a safe, reasonable, and legal manner.
Driving safely helps to prevent accidents and property damage. Showing reasonable care while operating a vehicle also decreases the likelihood of serious injuries to those on the roadway.
To prove negligence in a car accident case, claimants must show that the at-fault party owed them this duty of care.
Breach of Duty
The legal concept of “negligence” also involves showing that the at-fault party failed to fulfill their duty of care. In a car accident case, a breach of duty can take many different forms.
Some of the most common breaches of duty include:
- Driving under the influence of drugs or alcohol
- Engaging in hazardous maneuvers
- Texting or talking on the phone while driving
Any activity that draws the driver’s attention away from the operation of the vehicle may qualify as a breach of duty. Drivers should always attend to the road in front of them.
Showing that the other party behaved negligently requires you to prove that they breached their duty of care. In car accident cases, this typically involves providing evidence that they drove recklessly or carelessly.
To have a successful tort legal claim, the plaintiff must show that the defendant’s breach of duty caused harm. It is not enough to show that the defendant was negligent and that the claimant sustained damage.
The claimant must provide evidence that the careless behavior was the reason that they sustained damages. For instance, suppose the claimant was in a car accident and fell ill with the flu the next day.
In this case, the plaintiff could not pursue damages for any harm that resulted from the illness.
When a traffic accident does not result in any harm, it is not grounds for a valid legal claim. However, almost all traffic collisions result in some physical or financial costs to the victim.
To prove negligence in an auto accident claim, the plaintiff must demonstrate that they suffered actual harm. This harm may take the form of financial losses. However, victims can also pursue compensation for personal and physical harm.
No matter the circumstances of your collision, you may wonder, “How do I know when to take my car accident to court?” With the help of a knowledgeable tort attorney, you can pursue all of the damages that you are rightfully owed.
The legal experts at Morgan & Morgan are ready to fight for you. Since our founding, we have been helping car accident victims secure the compensation that they need to move forward.