If you are involved in a serious car crash, the first thing you will want to do is seek medical help, if needed. Once you have received treatment, the next step is determining fault. Liability, for the most part, is based on negligence. A car accident is caused when at least one party breaches his or her duty and acts in a careless manner. In some cases, it may be fairly easy to determine who caused the crash, but in other situations, it's not so cut and dried. Sometimes crews are called upon to reconstruct the accident to find out who was really at fault.
Negligence is based on four elements. The first one, duty, is fairly straightforward. All motorists have a duty to follow the rules of the road and drive in a safe manner. Breach is the second element. When a person acts carelessly, he or she is breaching their duty and acting as a negligent driver.
Next is causation. It must be proven that the defendant's action caused injury to the victim. For example, if the defendant ran a stop sign, but did not crash into anything or injure anyone, then he or she cannot be considered negligent. Finally, there must be some sort of damages, such as a smashed vehicle or medical bills.
In some cases, it is possible that both parties can be negligent and share the liability. This would likely result in a reduced award for damages. No two accidents are the same, so it's always a good idea to check with a legal professional to understand which elements apply to your case.
Source: FindLaw, "Proving Fault: What is Negligence?," accessed on Aug. 16, 2014
Source: FindLaw, "Proving Fault: What is Negligence?," accessed on Aug. 16, 2014
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