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Proving fault in car crashes is essential for compensation

On Behalf of | Apr 14, 2021 | Car Accidents |

A Seattle resident injured in a car accident caused by someone else will most likely have a number of costs associated with the crash. Depending on the severity of the accident, this could include medical expenses and property damage costs. One way to recover these costs is by filing a personal injury lawsuit and in order to do that, it is necessary to prove the other party behaved negligently.

What does negligence mean?

When a person’s, and in this case a car driver’s, behavior does not conform to the standard prescribed by law, he or she can be found negligent. If an individual is injured by negligent acts, then the victim can be compensated through a lawsuit.

Elements of negligence

The plaintiff, or the accident victim, must show that the defendant owed a duty of care to him or her. The victim must also prove that the duty was breached and there is a connection between the injury and the behavior. There should also be damages resulting from the offending behavior.

Drivers on the road owe one another a duty to follow traffic rules. For example, drivers at a red light owe others a duty to stop. If he or she does not stop, then the duty is breached. If someone is injured because of this failure to stop, then the victim may be able to argue that the breach was the cause of injury.

Proving fault can become tricky, especially if both parties contributed to the accident. while this does not mean that financial recovery is not possible, it might reduce the amount of compensation available. To understand one’s options after an accident, it might be helpful to consult an experienced attorney.