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Proving Fault and Liability in Car Accidents

Posted By Schneider Overett || 14-Oct-2016

Oftentimes, it can be complicated to determine the legal responsibility, often referred to as liability, of a car accident. First and foremost, an accident victim must prove negligence in order to pursue monetary compensation from the responsible party. While it may be obvious who is responsible for a collision, it is not enough to just say it. A victim and their legal counsel, should they choose to hire one, must make a strong argument that the other person should be held liable for the damages.

To do so, a victim and his or her attorney must prove the four following elements:

  1. Duty of Care: The victim must prove there was a duty that the other driver owed him or her.
  2. Breach of Duty: The victim must prove that the other driver breached his or her duty of care by failing to drive responsibly.
  3. The Breach Led to Injury: The victim must prove that the other driver breached his or her duty and that breach is the direct result of the victim’s injuries. The injuries and damages must relate to the failure to act responsibly.
  4. Injury Caused Financial Loss: The victim must prove that because the other driver did not act responsibly and caused the victim to suffer injuries, the victim now suffers financial losses. Evidence of the victim’s damages and related expenses are required for a court judgment against the liable party or for the victim to recover a settlement.

Believe Another Person Should Be Held Liable for Your Accident?

If you or someone you love was harmed in a vehicle accident and you believe another person should be held liable for your injuries, we urge you to get in touch with our Huntington Beach car accident lawyers at Schneider Overett right away. We can examine your collision and gather any evidence we may need to hold the other party responsible for your damages.

Don’t wait to retain experienced legal counsel. Call our Huntington Beach car accident attorneys today. Our legal team at Schneider Overett has recovered millions in verdicts and settlements.

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