Robert A. Solomon, P.C.
Two Offices Serving
New York and New Jersey

Proving negligence in a car accident

Drivers in New Jersey and elsewhere are likely to drive by an accident site on a daily, weekly or monthly basis. While some of these collisions are minor and only result in damage to property, others result in catastrophic damages and life threatening injuries. Although a car accident is the last thing we imagine being involved in, the reality is that a motor vehicle collision can happen at any time for any reason. Therefore, victims not only need help navigating the pain and suffering they might endure but also help understanding what legal recourses they might have.

Accident victims are often left with many questions. One of them being who caused the accident and how can I prove that they did. For the most part, when a person acts carelessly and causes an injury to another person, this person will be legally liable for any resulting harm under the principle of negligence.

There are four elements that must be proven when establishing negligence in a car accident. The first is duty. This means that the driver owed a legal duty to the injured party under the circumstances surrounding the incident. Breach is the second element. This means that the driver breached their legal duty by either acting or failing to act. The third element is causation, meaning that the acts of the driver in question caused the injuries to the victim. Finally, the last element is damages. The victim must have been harmed or injured as a result of the actions by the negligent driver.

The aftermath of a motor vehicle accident can be overwhelming. It might be challenging to navigate through the process to investigate the matter because the victim is left dealing with the injuries he or she suffered. Nonetheless, it is important to timely consider what actions could be taken to protect his or her rights. A personal injury claim could help a victim hold a negligent driver liable and assist with the recovery compensation for losses and damages.

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