After a car accident, ensure that you receive prompt medical attention for your injuries. Your health and well-being should be your top priority. After this, it’s time to begin thinking about your next steps. Do you have sufficient cause for a personal injury case based on this car accident? It is possible, even likely.
What to Establish for a Car Accident Claim
To pursue a claim, you typically need to establish the following elements:
Duty of Care
You must show that the at-fault person owed you a duty of care. “Duty of care” is a legal concept that refers to the obligation individuals have to act reasonably and responsibly to prevent foreseeable harm to others. In the context of driving, the duty of care for drivers means that anyone operating a motor vehicle must do so in a manner that does not pose an unreasonable risk of harm to other road users, pedestrians, or property. Here are some key aspects of the duty of care for drivers:
Following Traffic Laws: Drivers are expected to obey all traffic laws and regulations, including speed limits, stop signs, traffic signals, and rules of the road.
Avoiding Recklessness: Drivers should not engage in reckless behaviors that endanger others, such as excessive speeding, aggressive driving, or driving under the influence of alcohol or drugs.
Being Alert and Focused: Drivers must remain attentive and focused on the road at all times. Distracted driving, such as texting while driving, is a breach of the duty of care.
Adjusting to Road Conditions: Drivers should adjust their speed and driving behavior based on road and weather conditions. For example, they should slow down in heavy rain, snow, or fog.
Maintaining Control of the Vehicle: It’s the driver’s responsibility to maintain control of their vehicle and prevent accidents caused by loss of control or mechanical failures that could have been prevented through regular maintenance.
Yielding Right of Way: Drivers should yield the right of way when required and exercise caution when merging or changing lanes.
Breach of Duty
You must demonstrate that the at-fault person breached their duty of care by acting negligently or recklessly. For a car accident case, this could involve behaviors such as speeding, running a red light, driving while distracted, or driving under the influence of drugs or alcohol.
Causation
You need to prove that the at-fault driver’s breach of duty was the direct cause of the accident and your injuries. In other words, you must establish a causal link between their actions (ex. driving drunk) and your damages (ex. your ER bill and your crushed bumper).
Damages
Speaking of damages, you must have suffered actual damages as a result of the accident. Damages can include medical expenses, property damage, pain and suffering, lost wages, and other losses related to the accident.
Consult with a Burlington Car Accident Lawyer
Consult a personal injury attorney in Burlington who can help you navigate the legal process, assess the strength of your case, and negotiate with insurance companies on your behalf.
Contact us at 1-800-Injured, a medical and legal referral network, to connect with one. It’s essential to consult with a Burlington car accident attorney who can provide you with guidance tailored to your situation. They can help you determine the precise deadline for your case and assist you in pursuing your legal rights if you have a valid car accident claim.