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Elements of Fault in a Negligent Act for Auto Accident

By Edited May 19, 2016 0 0

If you want to file a lawsuit against the driver who caused your injuries in an auto accident, you will have to establish the elements of fault.

Auto accident cases are categorized under Personal Injury lawsuit. In a Personal Injury lawsuit, you are given a chance to prove the fault of the liable party who caused your injuries.

In proving the fault, you can use the theory of negligence.

Negligence is the careless act resulting to physical harm. It is a disregard or failure to fulfill a duty of care over a person. It has strict penalties under federal and state laws, and will require the defendant to compensate the plaintiff for injuries or losses.

Examples of negligent act on auto accident cases are:

1. Traffic violations (running on red light)

2. Failure to give signal when making a turn, speeding

3. Driving under influence (DUI)

4. Driver error

5. Texting or using cellphone while driving

6. Other forms of impaired driving

At times when the driver is unreasonably exceeding the speed limit, and it crashed onto another vehicle; the charge can be reckless driving.

Elements of negligence

In proving a negligent act, you will have to clearly identify these elements:

1. Duty and Breach of duty. Each citizen is mandated by federal and state laws to exercise duty of care or safety to other people on the road. Failure to fulfill such duty constitutes a negligent act.

2. Cause in Fact. The plaintiff has to prove in court that the defendant's action caused the accident

3. Proximate cause. The plaintiff has to prove that the defendant's negligent act is the primary cause of the accident.

4. Damages. The plaintiff has to establish that the action of the defendant caused a real harm or loss.

You may use the following documents to substantiate your case:

  1. Photos from the accident scene
  2. Copy of police report
  3. Witness statements
  4. Expert witness opinion
  5. Medical records

If you are able to clearly establish the elements of negligence and substantiate it through evidence, you may receive compensation for your injuries and losses.

This payment is also referred to as damages. It can be in the form of economic

or non-economic.

Economic damages are payment for your medical expenses, including surgery,
laboratory fees, therapy, and medicines. It also pays for your loss income.

Non-economic damages are payment for your pain and suffering. It can be computed by apportioning dollars for each day that you are injured, multiplied by your total life expectancy days.

Consult with an Auto Accident Expert, Personal Injury Lawyer in Los Angeles to help you file the lawsuit.

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