woman with neck injury after a crash

What Four Things Must Be Shown to Determine Liability?

When you need to file a car accident claim, you must show that the other driver was at-fault in order to get compensation from his or her auto insurance provider. Proving liability is not the easiest task to do alone, though. With a lawyer, you can look at the four factors necessary to prove liability. Proving these four factors is the most effective way to pursue compensation after a crash.

A Duty of Care Existed

Typically, when someone has a driver’s license, they automatically assume a duty of care to keep other drivers on the road safe. This factor is the easiest to prove, which means you documented the driver’s license following the collision.

There Was a Breach in the Duty of Care

Whenever someone is negligent, they’re breaching their duty to provide reasonable care on the road. For instance, speeding is against the law and is a violation against a person’s driver’s license. As such, if the person is speeding, they breach the duty of care.

The Breach Resulted in a Crash (Causation)

You must show that the driver’s actions resulted in the crash. Touching back on the example of speeding, if the driver crashes into you because they didn’t have time to stop, they’re considered negligent and should be responsible for the crash.

You Suffered Damages Because of the Collision

The compensation you may receive is dependent on the damages you sustain. Showing that you suffered property damage or physical injury as a result of the collision is crucial to your case. You cannot claim injuries from a separate incident if you’re seeking compensation from the crash.

At Dunk Law Firm, we work hard to position your case in a strong manner, working to prove liability on your behalf. When you need compensation for injuries you sustain, our Milwaukee car accident lawyers are ready to stand in your corner and fight for you. We have numerous attorneys working to fight for you, such as Brenna L. Sanchez and our founding attorney.

For a free consultation regarding your potential case, we encourage you to call our firm today at (414) 206-1295.

Categories