The laws surrounding car accidents are the rules that are in place to help determine who will be held liable for any and all personal property damaged from the result of an accident. The area of laws consists so that the negligence can be established and court cases can be upheld.
In order to recover any money lost due to a car accident, the victim must be able to prove four basic things in order to get any money. The four things you need to establish are, harm, causation, breach and duty.
Here we explain how each of these things plays a role:
- Duty- drivers on the road have a specific obligation; to obey all the rules of the roadway and to operate a motor vehicle in a manner that is deemed as respectable. This includes driving at a speed that is safe, keeping control of the vehicle at all times and being aware while behind the wheel. You will also need to use lights and blinkers, obey traffic signals and more.
A driver is not always liable if he followed all precautions and took steps to ensure that an accident would not occur. If he or she can provide proof that they followed the rules of the road, it can be hard to win a court case in a court of law. At Attkisson Law Firm they can help you to establish if you have a case or not.
- Breach- If the victim in an accident is able to show direct evidence that the driver breached his duty, the driver can be held liable for damages caused. There must be an eyewitness to provide testimony of the accident or a surveillance video of the accident, there also can be admission of fault whereas the driver openly admitted that they were the reason for the accident. If there are skid marks, paint damage on cars that indicate who hit who, or an alcohol reading showing the driver was under the influence while driving. These things will establish breach in a courtroom.
Once breach has been established, the next step to prove is harm.
- Harm- No matter what the conduct of the driver was while behind the wheel, if the plaintiff is not able to provide proof that he or she was harmed in the accident, the case cannot move forward. The conduct of the other driver has to constitute damage to the person involved in the accident or to the vehicle. If not, the case will be dismissed in a court of law.
Once you have had an accident and have established all these things, you will be able to speak with an attorney who will be able to move forward with a court case. The amount of money that you receive from the court case will depend on the amount of damages caused by the accident and how much harm was done from the accident. The attorney will look at if any wages were lost due to the accident, how damage the vehicle had and if there are any long term damages that can be costly. Once they are able to establish this, they will set an amount to file in the suit.