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3 Important Elements of a Car Accident Case

Posted By Schneider Overett || 18-Jul-2016

In a 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 their losses.

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.

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