The Four Factors of Liability In a Car Accident
When filing a car accident claim against a negligent driver, you as the plaintiff have the burden of proof to show that the other driver was in fact responsible for the crash. Proving that negligence was involved is something that requires knowledge and experience.
However, so you know what to expect, we wanted to provide the four factors that come into play when proving liability after a car wreck. Here are some things that you need to know about the process:
What Four Things Must Be Shown After a Collision?
- The Defendant Had a Duty of Care: Anyone with a driver’s license is assumed to have a duty to care for all other drivers on the road. This is the easiest to prove because if the other party was driving, they automatically have this duty.
- The Duty of Care Was Breached: A breach in the duty to care for others can include any action considered negligent or reckless, such as texting and driving, drunk driving, speeding, and other illegal actions.
- The Breach Caused an Accident: Proving liability exists means showing that the accident was a direct result of the defendant’s breach of duty of care. This means that if the driver was distracted and collided with you as a result, they can be considered liable.
- The Accident Resulted In Injuries: One of the defenses that the defendant may try to use is claiming that your injury was pre-existing. To successfully pursue your claim and/or lawsuit, you must show that you sustained injuries as a direct result of the accident in question.
Proving liability on your own can prove to be a difficult task, especially when you consider the large legal teams responsible for protecting the insurance company’s profits. Because of this, you should have equally intimidating legal counsel of your own to show the opposition that you won’t back down.
Our Kansas City Car Accident Attorneys are Ready to Help
At Peterson & Associates, we’re aware of the fact that insurance companies will do whatever they can to avoid paying you a large amount of compensation. However, with our team on your side, you can feel confident when navigating these matters.
Our Kansas City car accident lawyers have a reputation of diligent and aggressive advocacy. This has translated to a track record of success and you can be sure we’ll go the extra mile to help you pursue the most favorable outcome in your case.