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The elements of a car accident claim

On Behalf of | May 24, 2018 | Car Accidents |

While the facts of every California car accident will be different, there are a general set of elements that each claim must present in order to avail the victim to the damages they deserve under the law. This post will briefly touch on the elements a victim may plead to prove their car accident claim.

In many cases a car accident happens because a driver is negligent. Negligence occurs when a person does not meet the duty of care that is expected of them. For example, if a driver runs a red light and collides with another car, causing a victim in the hit car to suffer harm, the negligent driver may be held liable for the victim’s losses.

Therefore, the first element of a negligence-based car accident claim will be the demonstration of the responsible party’s duty and failure to meet that duty of care. Once that is established a victim will have to show that because of the responsible party’s breach of their duty that the victim suffered harm and that the responsible party was the cause of that harm.

Finally, a victim may have to show that they suffered damages due to the responsible party’s conduct, and damages may include but are not limited to financial losses, pain and suffering and others. The failure of a victim to properly plead a car accident case based on negligence may result in the dismissal of their claim and their inability to recover the damages they are due. Consultation with a personal injury attorney can help a victim ensure that they have prepared a proper pleading and are ready for trial.



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