The Four Factors of Proving Liability

The Four Factors of Proving Liability

In car accident cases, the most effective thing that can be done to pursue compensation is understand how to prove liability. Proving liability means showing that someone in the matter was negligent and that this was the direct cause of an injury.

Personal injury law requires the plaintiff who files a claim or lawsuit to prove fault and liability. In order to do this, you must consider the four main factors involved, what evidence can help, and how you can move forward.

  • The defendant had the duty to care for the plaintiff: Anyone who has a driver’s license is presumed to have a duty to care for all others on the road. They must drive in a manner that is safe for themselves, other motorists, motorcyclists, pedestrians, and more.
  • The defendant must have breached the duty to care: It must be shown that the defendant breached his or her duty to care for the public through some type of negligent action. This can be considered anything ranging from speeding and disobeying traffic laws to distracted or drunk driving.
  • The breach in duty of care led to a collision: The act of negligence must have been the direct cause of the crash. This means that if the driver did something that was considered negligent, and the accident occurred at that moment, it could be what’s needed to show fault. However, if the distraction occurred, but the driver was paying attention and a defect caused the crash, the driver may not be responsible unless it was due to failure to maintain.
  • The collision resulted in significant injury: One thing the insurance company tries to do to limit liability is claim that an injury was pre-existing or occurred in a separate situation. Proving that the collision was the cause of the crash is imperative to compensation.

How Our Personal Injury Attorneys Can Help

Our Tallahassee personal injury lawyers are here to help injured parties pursue the compensation they need. Trust in our team at the Shapiro Law Firm to help you pursue the outcome you need and we’ll go the extra mile on your behalf to hold negligent parties accountable.

Call us today at (850) 629-7226.

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