Auto accident Law refers to the legal terms and conditions that are used to determine the party or parties that are responsible for the damage to a person or property as a result of a traffic collision.
This aspect of the law deals mainly with the principles associated with negligence when applied to this category of cases of personal injury. Auto accident law is almost entirely governed by state laws.
How to get compensation for an auto accident?
In order to be compensated for accidents, auto accident victims in every state have to prove the same basic elements of accidents which include; duty, breach, causation, and harm.
- Duty refers to the legal obligation that drivers have to adhere to the rules of the road, and also operate their vehicles in manners accepted by the road, which means: driving at a safe speed, observing the traffic signals, maintaining control, making use of headlights and blinkers and much more.
- Once this has been out in place, evidence has to be put forward concerning the breach of duty by the defendant. A breach can be confirmed through direct evidence which includes a traffic surveillance video, admission of fault or the testimony of an eye witness. It could also be admissible as circumstantial evidence such as skid marks, blood alcohol level and more.
- It is, however, imperative that the victim (the plaintiff) prove the element of causation that proves that the defendant breached the duty. This is because the court will not assume the circumstances that might have led to the injuries of the plaintiff. This can be achieved through medical testimony that demonstrates the consistency of the injuries in relation to the nature of the crash, provided the injuries do not exist before the accident.
- Finally, the plaintiff must also prove to the court that harm was caused by the defendant. Irrespective of the manner with which the other driver coordinated himself behind the wheel, the plaintiff has to bring the lawsuit only if harm or damage was caused to the vehicle or person of the plaintiff. Harm has to be proved.