Car crashes can have devastating consequences, including serious injuries and even fatalities. There are also financial consequences. Victims are often left with medical expenses and they may have to be absent from work for sustained periods while they recover.
While a car crash can never be undone, personal injury compensation can help cover financial losses. Whether or not a victim is entitled to personal injury compensation will all depend on negligence. Was the other driver negligent in causing the accident?
What are the key elements of negligence?
1. Duty of care
Negligence can only arise if a duty of care was owed in the first place. In the case of drivers, this is quite an easy matter to settle. All drivers owe other drivers, pedestrians, cyclists and other bystanders a duty of care.
2. Breached duty
The next part of the negligence test is breach of duty. Did anyone involved in the crash breach their duty of care? Generally, this means acting in an unreasonable manner. For example, the driver may have been under the influence or may have been speeding. These are not behaviors that a reasonable driver would engage in.
3. Causation
Finally, the victim must have suffered damages and these must have been the direct result of the negligent party’s actions. For example, if the injuries were sustained when a tailgating driver rear-ended you, this is direct causation.
4. Quantifiable damages
Quantifiable damages include things like injuries backed up by medical reports, medical bills and lost wages.
Establishing negligence can be tricky. That’s why it’s so important to seek legal guidance as soon as possible after your accident.