Whose Fault Is It?

crash5Every day nearly 15,000 Americans are injured in automobile accidents. Regardless of fault, an automobile accident is traumatic for all parties involved. Unfortunately, once the dust settles the blame game typically begins—who caused the accident, what were they doing? In the Georgia legal system, to prove someone is at fault, you must prove the at-fault party caused the accident due to negligent behavior.

In any situation where you are injured in an auto accident, you should seek out an experienced personal injury attorney for the guidance and expertise you deserve. A personal injury attorney will be your personal advocate and will be by your side as you fight for what is rightfully yours.

 What Do You Have To Prove?

When trying to prove fault, or negligence, the individual bringing forth the allegations (the plaintiff) must be able to prove the following:

1.)   You must demonstrate a “duty of care” existed;

2.)   You must show that the duty of care was breached;

3.)   You must provide that there was a specific causation linking the breached duty of care to the subsequent injury;

4.)   You must prove this breach resulted in identifiable damages.

In the state of Georgia, you must successfully prove that an individual’s negligent behavior resulted in your injury. If you are unable to prove that a party acted negligently it will be difficult to successful pursue a lawsuit against the at-fault party. Often times it may seem that there was a clear action that resulted in the accident and your subsequent injury, however the law may not always perceive things the way you would. Therefore, it is important to keep a detailed record of all aspects of the accident and discuss them with your attorney prior to pursuing civil legal action.

Causation

Among the four factors that you need to successfully pursue a personal injury lawsuit, causation plays the most significant role. Causation, also known as proximate cause, requires that you provide evidence that shows an attributed causal connection between the defendant’s conduct and the subsequent injury. This means that you must show that the defendant’s actions were directly responsible for your injury.

In most instances, there are often multiple actions that lead to an accident, and the plaintiff carries the burden of proving that each of actions directly resulted in your injury. The law defines these actions, or proximate cause, as a natural and uninterrupted action that consequently led to an injury—an injury that would have otherwise not occurred had the action not happened. The key point in this definition is that the action and resulting injury must have occurred without any other interruption or interference. This definition is why arguing causation when attempting to prove someone acted negligently is difficult to prove.

Need Help?

As you can see, the elements involving a personal injury case are complex and confusing; therefore, it is important that if you or someone you know has been injured in an auto accident, you find an experienced personal injury attorney. An attorney will be able to maximize your potential settlement and ensure that you are being treated fairly. Van Johnson Law Firm, located in Atlanta, offers a free consultation and has the knowledge and experience to fight for what you deserve.  Call us today (404) 551-2428 to discuss your case.  We collect no fees unless we settle or win your case at trial!

Related Posts: Truck Accidents & Litigation, The Plaintiff’s Burden Of Proof In Injury Claims