1. Define the Duty of Care
The driver of a motor vehicle has a legal duty to drive safely. If he or she drives recklessly, he or she breaches that duty.
2. Establish Breach of Duty
When a driver knowingly fails to drive safely, and that failure results in injuries to others, that driver has breached his legal duty of care.
3. Determine Negligence
Negligence does not include the intention to do harm. The harm is usually the result of being careless. When a driver breaches their duty of care, causing injuries to another person, the cause of the breach is usually the driver’s carelessness.
4. Prove Liability
Liability is the legal obligation or responsibility for one’s actions. Once negligence is established, the next step is proving liability. In some cases, the degree of liability can be lessened due to intervening forces.
5. Verify Damages
Damages encompass the personal injuries and property damage caused by the accident. Damages can be verified through medical bills, physician records, repair estimates, and other supporting documents or photographs.
Learn More: https://thefernandezlawgroup.com/personal-injury-lawyers/
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