Proving Liability After a Car Accident

Two vehicles collide and damage their rear

Holding a negligent driver accountable after a crash is the most effective way to move forward and pursue the compensation you deserve. Hiring a lawyer to help you through the process allows you to recognize the four factors necessary to prove liability. Below, we will explain these four factors and how to move forward with your claim.

What Is a Duty of Care?

Drivers hold a duty of care to prevent themselves and others from experiencing harm as a result of negligence. This duty means following all traffic laws, avoiding distractions behind the wheel, and putting safety first. All drivers must abide by the duty of care to prevent accidents from occurring.

What Is a Breach of the Duty of Care?

A breach in the duty of care is anything that can cause the driver to experience a severe crash. For instance, speeding would be a breach of the duty of care because it puts all other drivers on the road at risk. Texting while driving, driving under the influence, and failure to control or maintain can all be a breach of the duty of care.

What Is Causation?

Causation means that the driver’s specific actions were the cause of the accident. The duty of care breach does not automatically make the driver at fault. You must also show causation. Causation can occur because of third-party negligence. Proving causation allows you to hold a specific person accountable when their actions cause the crash.

What Are Damages?

In order to seek compensation, you must show that you suffered damages. This includes:

  • Property damage
  • Physical injuries
  • Pain and suffering

Without damages, it may be challenging to obtain compensation in your case.

At Warner Law Offices, PLLC, we put your needs first. Our West Virginia car accident lawyers go above and beyond to safeguard your rights and pursue justice on your behalf. We’ll put your best interests atop our priority list, pursuing maximum compensation when you need it most.

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Attorney Bobby Warner
Content Reviewed by:
Bobby Warner

Bobby has received many accolades throughout the years from both his peers in the legal community, as well as the media. The National Trial Lawyers association named Bobby a Top 100 Trial Lawyer and he has been selected as a Member of the Nation’s Top One Percent. Additionally, he has been named a Best Attorneys of America by Rue Ratings, which also named Warner Law Offices to its Best Law Firms of America.