car accident case, or any other negligence claim for that matter, the outcome hinges
on whether an individual and their attorney can successfully prove that
another person’s careless actions were to blame for the losses suffered
by the victim. In this blog, we have broken car accident cases down to
three basic elements so that you can better understand what you may expect
in your own case.
Negligence. The most critical element of a car accident case is proving negligence.
In order to pursue compensation, you have to make it clear that another
person’s carelessness is what caused the accident to occur. All
drivers have what is called a “duty of care,” which means
that they have a basic legal duty to operate their vehicle in a responsible
and careful manner. Essentially, this means you shouldn’t drive
a vehicle in a manner which could harm people or property. Failing to
do so by disobeying signs and signals, ignoring the speed limit, merging
without signaling, driving while fatigued, or driving while under the
influence of drugs or alcohol is a breach of this duty.
Breach of duty. After the duty of care has been established, it must be shown that this
duty was not met. When a driver breaches their duty of care, they can
be held liable in the event that they cause an accident.
Causation and damages. Causation comes in two forms: proximate and cause-in-fact. Proximate cause
means that the indirect damage would not have happened if not for the
negligence, while cause-in-fact means that the breach of duty was the
direct, actual cause of the damage. Successful car accident claims must
prove that the responsible party’s negligence caused harm, and that
they therefore are responsible for reimbursing the injured person for
If you’ve been injured in a car accident in Huntington Beach or the
surrounding areas, you’ll need an experienced car accident lawyer
on your side to fight for the full and fair compensation you deserve.
Schneider Overett has recovered millions of dollars in verdicts and settlements
for car accident victims, and we are prepared to do what it takes to help
you make a recovery, too. With our contingency fee guarantee, there is
absolutely no cost to you unless we win your case. You have nothing to
lose in calling us.
To get started with a
free personal injury consultation with a Huntington Beach car accident lawyer at Schneider Overett, please
call our office at (714) 294-2822.