Every victim of a car accident has the right to file a personal injury suit against the driver who caused the collision. It is important for victims to remember that in order for a claim to hold true, they must be able to prove the following components of a car crash claim:
1. Duty of Care
Each motorist has the duty to operate their car or vehicle in a safe manner in order to protect other individuals and their property. So then, motorists are expected to abide by speed limits, traffic signs, traffic laws, turn signals, and other things put in place to safeguard other roadway users.
2. Breach of Duty of Care
A victim filing a personal injury claim must first prove that the at-fault motorist breached his or her duty of care, causing the vehicle collision. Often, these breaches of duty result in injured pedestrians, motorists, and cyclists. Minor breaches of duty of care can result in severe collisions. More egregious breaches, such as reckless driving, drunk driving, and running red lights can cause catastrophic and, in the worst cases, fatal injuries. In some cases, an at-fault driver can be criminally punished.
Next, the victim must prove that the motorist’s breach of duty directly caused his or her injuries. Causation can be considered cause-in-fact or proximate. Causation is considered cause-in-fact when the breach is a direct cause of the victim’s injuries. Causation is considered proximate when the breach does not directly cause the injury, but the injuries would not have occurred if the breach never occurred.
Example of proximate causation: A drunk driver runs into a light post that falls and hits a pedestrian, causing the person to suffer a traumatic brain injury. If the victim can prove that the TBI would not have occurred had the driver not breached his or her duty by driving drunk, the victim’s lawsuit will most likely be held true.
Involved in a Car Accident? Contact Our Reno Car Accident Attorneys
If you have suffered injuries in a vehicle collision and believe another person should be held liable for your injuries and damages, we encourage you to call our Reno car accident lawyers at Fahrendorf, Viloria, Oliphant & Oster L.L.P. as soon as possible. When you entrust your case to our team, we will work diligently to handle all the complicated legal aspects of your situation so you and your family can focus on the road to recovery.
To discuss your case with a Reno car accident attorney, contact Fahrendorf, Viloria, Oliphant & Oster L.L.P. right away!