Baxter Village Auto Accident Lawyer

General Theory in Auto Accident Litigation

Legal theory for most auto accident litigation holds that negligence is on the part of the defendant.  In order for negligence to be established, your auto accident lawyer will need to prove the following:

• There was a duty on the part of the defendant to act with care.
• That duty was breached by the defendant.
• The accident was caused by the breaching of that duty.
• The result: you sustained damage.

Application of Legal Requirements

Your Charlotte auto accident attorney will condense the four requirements listed above to: duty, breach, causation, and damage.  They constitute the general requirements for any and all lawsuits with a basis of negligence, and are applied in auto accident litigation as follows:

• Duty: Whenever someone drives a vehicle, the duty of care is enacted.  This duty of care can also be applied whenever the responsibility for another person’s actions lies with a potential defendant.
• Breach: When a person drives a vehicle and fails to carry out that action as a reasonably prudent individual would in a comparable situation, the duty of care is breached.
• Causation: Breach of duty on the defendant’s part must be established as the cause of the injuries you sustained.  In other words, if the defendant had not breached his or her duty, you would not have been injured.
• Damage: Damages resulting from a vehicle accident may include future and past suffering and pain, future and past medical expenses, and future and past disability, including lost wages and/or income.

Contact the Automobile Accident Law Firm of Bice Law