It is not at all surprising that good and bad times keep cycling throughout our lives and you must be ready to deal with situations like getting involved in a car accident when the odds are stacked against you. If someone else is at fault for the accident that results in injuries to you, it could be a case fit for claiming compensation for the damages with the help of Cohen Winters – Car Accident Lawyer. Although laws and rules applicable to card accident cases differ between the states, one thing is common to all – the victim must amply prove beyond reasonable doubt that the injuries and damages were due to the fault of the other party.
Establishing the liability, as the legal professionals’ term, it is critically important to build a solid case for claiming compensation for damages that include everything from the medical expenses to loss of earning and the pain and suffering undergone both physically and mentally. To establish the liability, you must prove the following:
The legal duty of drivers
When driving on the road, all drivers have a legal duty towards fellow drivers. When you are driving the car, you have a legal duty towards other drivers, pedestrians, passengers, bicyclists to drive your vehicle carefully enough to ensure that that meets the stipulated standard.
Breach of duty
The victim or plaintiff must prove that the defendant or at-fault driver failed to fulfill the duty of care that rests on drivers when driving on roads. According to the law, the driver must behave reasonably as expected of a prudent driver, and this becomes the benchmark to determine whether there had been a breach during car accidents. By comparing the behavior of the erring driver with that of a driver with reasonable responsibilities it is possible to establish the fault lines. If in the given situation a model driver would have behaved more carefully then it becomes clear that the driver was negligent and hence at fault. Supporting it with the proof that the driver was booked for violating traffic rules will strengthen the case.
Injuries were due to a breach of duty
It is not just enough to establish that the accused driver was at fault. It is even important to determine the fact that the injuries happened only because the driver was negligent. The driver’s negligence must be the direct cause or the closest cause of the accident. It means that the accident could have been averted if the accused driver had been more careful.
The effects of shared fault
Proving that the other driver is at fault does not ensure that you will receive proper compensation because if the victim has to share some amount of the blame, it will affect the compensation that the claimant is likely to receive. If it happens that the victim is as much responsible for the accident as the other driver who was at fault, it can nullify the claim altogether.
The rules of the state decide what impact shared fault can have on the compensation amount.