How to Determine Negligence in a Car Accident Injury Case

 Posted on August 02,2023 in Uncategorized


Getting into a car accident can leave anyone feeling shaken up and worried. Even if the car accident only resulted in relatively minor injuries, such as a broken bone, it can come with even more damages, like missing work, medical costs, and repair costs, among others. This is typically when the idea of a car accident injury claim may come in handy. Most car accident injury claims are based around the idea of negligence, which just means the other person involved in the car accident failed to exercise their duty to drive safely on the road. To prevail in a car accident injury case, you must prove the following elements exist:

Duty of Care

When it comes to car accident claims, the duty of care is the responsibility that every driver has to operate their vehicle in a safe manner that is also consistent with traffic laws and other precautions most reasonable drivers would take. Examples of duty of care include:

  • Using turn signals;
  • Avoiding distractions, such as your cell phone;
  • Driving at a safe speed; and
  • Fully stopping at red lights and stop signs.

Breach of Duty of Care

The breach of duty of care is rather important because this pinpoints the action that caused your damages. You must prove that the driver either blatantly violated a traffic law or that he or she committed an action that put you and other drivers in unwarranted danger.

Causation and Damages

These elements are also important because you must show that the other driver’s actions were the cause of your damages. Causation can be established through either of two ways: cause-in-fact or proximate cause. Cause-in-fact would be the driver’s action that was the legitimate and direct cause of a certain injury or damage. Establishing proximate cause means the driver’s actions were not the direct cause of the damages, but the damages would not have occurred without the negligence of the driver.

A Cook County Car Accident Injury Attorney can Help You Recover Damages

If you or a loved one has been injured in a car accident, it is important that you contact a knowledgeable Orland Park, IL, car accident injury lawyer to determine if you have a case. At the Fotopoulos Law Office, we can help you figure out if you have a strong case to receive compensation for your damages. Call our office today at 708-942-8400 to schedule a free consultation.



Negligence and Determining Legal Liability

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