AUTO ACCIDENT LAW
AUTO ACCIDENT LAW
Car or Auto accident law refers to the set of legal rules which are there to find out who is responsible for the property damage and personal damage resulting from a traffic clash or in other words, accident. Principles of negligence are the main concern area of the law, and are very much applied to this particular category of personal injury cases. Car accident litigation is governed almost entirely by state law, like in all the other cases in which negligence law applies.
While variations exist, in order to recover compensation car accident victims in every state must prove the identical basic four elements. These elements are: breach, duty, causation, and harm. When it comes to duty, drivers have a legal compulsion to follow the rules of the road and to manage their vehicles in a sensible manner. This means driving at an acceptable and safe speed, exercising awareness, maintaining control, using blinkers and headlights, observing traffic signals, etc. without much argument the existence of a duty is typically accepted, and universally too.
By contrast, the plaintiff will usually be required to offer evidence that the defendant breached that duty. Violation can be shown by direct evidence, such as traffic surveillance video, eyewitness testimony, or an admission of fault. Or, the claimant may need to resort to circumstantial evidence, such as paint smudges, skid marks, or blood alcohol readings.
The plaintiff must prove the element of causation, and Just because it is shown that the defendant breached that duty, or the defendant had a duty to operate his or her vehicle in a certain manner, the court will not presuppose those conditions caused the plaintiff’s injuries. Rather, in car accident cases, this can be done through medical evidence representing the injuries are constant with the nature of the crash, and that they were not there in advance.
Finally, the claimant must establish harm. The plaintiff cannot bring a negligence lawsuit unless the conduct produced damage to the plaintiff’s person or vehicle, no matter how egregious the other driver’s conduct was behind the wheel. Cases which are “near miss” will not qualify. The plaintiff may be entitled to reimbursement for pain and grief, medical expenses, lost wages, and more, once harm is shown.