Four Factors of Proving Liability
After a crash, proving liability becomes one of your top priorities. You should work with legal counsel who can help to prove that another party’s negligence was to blame, but you should also know the four factors of liability yourself.
Here are the four factors of which you should be aware.
1. Duty of Care
All drivers assume a duty of care when they have their driver’s license. They must operate their vehicles safely to protect all others on the road from significant harm. The duty of care means following all traffic laws, refraining from drunk and distracted driving, and keeping full focus on the road.
2. Breach in the Duty of Care
Any negligent act is a breach in the driver’s duty of care. For instance, the driver breaches his or her duty of care when they speed, drive intoxicated, or drive distracted. The moment they do any of these actions, they put all other drivers at risk of harm.
3. Breach of Duty Leading to an Accident
You must show that the accident was a direct result of the driver’s negligent actions — or his or her breach of duty. If the driver was negligent, but the accident occurs because of another situation, this factor becomes challenging to prove. However, if the crash occurs as the driver is performing a negligent action, this factor of liability is still in play.
4. Accident Results in Injuries
Getting medical attention is crucial because you must show that the injuries you sustain are a direct result of the accident. Insurance companies often try to claim that injuries are pre-existing or occur in separate situations. If you prove that your injury is a result of negligence in a crash, it goes a long way in a successful case.
At The Gatti Law Firm, our Salem car accident attorneys stand by your side at all times. Trust that we’ll guide you through the process and take on the large insurance company on your behalf. Let us be your voice to pursue justice and compensation.