When a personal injury case comes to light, one of the highest priorities is determining who is at fault or liable. Determining what party is liable for the damages sustained is key, as this is who will be responsible for paying compensation to the victim. There are a handful of ways that lawyers can prove who is at fault in each case.
Duty of Care
This refers to the legal responsibility of acting with caution to prevent injury or harm to others. This involves that an individual or party in question took all possible steps to ensure that any possible danger would be minimized. Each specific situation is different and requires investigation of whether a duty of care is owed and if it is owed, what the nature of the duty is. Your lawyer will be responsible to prove that the defendant was the one responsible for this duty.
Breached Duty of Care
When an individual goes against what a reasonable person would do in a certain situation, this goes towards proving negligence. An example of breached duty of care would be that a driver has the responsibility to drive safely and responsibly. However, if the driver looked down at their phone to respond to a text message, causing them to drive through a red light that resulted in a collision. This would be an example of a breach in duty of care.
Cause of Injuries
A breach of the duty of care that results in harm to the victim proves further negligence. An example of causation would be if you are stopped at a red light and the car behind you rear-ends your vehicle. This would cause injury to your vehicle and possibly to yourself as well.
While proving who is at fault, determining these factors may be easy. However, your lawyer will need to prove that this breach of duty was the direct responsibility and cause of your injuries. Witness testimonies and physical evidence from persons who witnessed the accident or from experts can help support your case. It may also be beneficial to utilize medical professionals who can support your claim by explaining how your injuries are consistent with the accident that occured.
If you have suffered an injury and are seeking a legal team, a St. Louis car accident attorney can guide you in proving fault in your case. You will need an experienced and determined legal team to build you the strongest case possible to get you the settlement you deserve.
