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A Breakdown on Car Accident Law

Posted on March 4th, 2019 by Oddo & Babat, P.C.

Car Accident Lawyer

Nobody usually thinks about car accidents as a section of law and typically pay no attention to the commercials and advertisements featuring car accident attorneys. That is, until they’re in need of their services. But that’s okay. In an ideal world, there would be no car accidents and therefore no need for car accident attorneys. Unfortunately, this is not an ideal world. So as long as car accidents remain a high statistic, we make it our priority to use our knowledge of car accident law to ensure you’re covered. However, you may want to brush up a bit on your car accident law yourself, so here’s a brief introduction.

What is car accident law?

It may sound niche, or even pretty vague: car accident law. What does it entail? The short answer is any and all rules, regulations, and laws that determine who is at fault in a car accident, and therefore responsible for any personal or property damage inflicted. Car accident cases typically involve negligence and as such, are actually a section of personal injury law. Negligence is the failure to take proper care in performing an activity – such as failing to operate a motor vehicle safely. When you’re involved in a car accident due to someone else’s negligence, you can seek out monetary compensation to recover your damages, such as medical expenses or the cost to repair or replace your vehicle.

What needs to be proved?

In every car accident situation, there are three things that need to be proven in order to successfully win your case. The first is duty, otherwise known as the promise. When a driver elects to get behind the wheel of a vehicle, they have a duty to everyone else to operate said vehicle safely. It’s an unspoken promise but needs to be established when pursuing a car accident case. However, most instances of duty are inherently accepted and you won’t need to put much effort into proving it. The person in question was, in fact, the person driving the other vehicle. Done.

The next is breach, or breaking the promise. The plaintiff (that’s you) will need to prove that the other driver (the defendant) broke their promise to operate their vehicle safely. In other words, they broke an established traffic law, such as running a red light or failing to use their turning signal. The breach can be proven a few different ways, such as a witness statement, CCTV, or even an admission of guilt. Finally, the plaintiff will need to prove that the the breach caused their injuries. This goes hand-in-hand with the breach caused harm, which means that you were physically injured in the accident. The causal portion means that you have to prove your injuries were caused by the accident itself, and were not preexisting. A medical professional’s testimony is typically the ace-in-the-hole you’d use to prove this part.

A car accident of any level of severity can be a traumatizing event. Do yourself and your loved ones a favor by shutting your case as quickly as it was opened. Call a car accident lawyer Memphis, TN offers today.

Thanks to Darrell Castle & Associates, PLLC for their insight into personal injuries and car accident law.

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