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What Four Factors Determine Car Accident Liability?

Following a severe car accident, you must consider numerous factors regarding what comes next and how you can move forward. One important thing to consider is compensation and who may be liable for the damages you sustain.

When looking at liability, four main factors help to determine who is at fault. When these four factors exist, you may hold the negligent party accountable for damages, including medical expenses, lost wages, rehabilitation, and more.

What You Must Show

  • A duty of care: You must show that the negligent driver had a duty of care. He or she has a responsibility to keep all drivers on the road safe. In most cases, having a driver’s license creates a duty of care.
  • A breach in the duty of care: You must show that the driver did something that would constitute a wrongful or negligent act. Breaking the law—such as speeding or drinking while driving—is a direct breach of the duty of care.
  • A negligent act caused a crash: You must show that the breach of the duty of care, or the negligent act, resulted in a crash. If a driver is looking at his or her phone and causes a crash, he or she is negligent.
  • An injury resulted from the crash: You must show that the injury was a direct result of the collision. Proving an injury requires immediate medical attention in the aftermath of the crash to pursue a claim.

You don’t want to run the risk of receiving a claim denial because you’re unable to prove liability. Taking steps to gather evidence following the collision can help you when pursuing compensation for your damages. Collecting the other driver’s license, witness statements, and medical records can go a long way to a successful claim.

Our Atlanta car accident lawyers at Goldstein & Hayes are here to help you through the challenging legal matters.

If you need legal advice, we encourage you to contact our firm at (888) 425-6070 for help.