In this article, a Vancouver car accident lawyer addresses the role of legal theory and how it establishes the requisites for a traffic accident claim and subsequent litigation.
Building a Case for the Victim
Negligence is at the heart and soul of a traffic accident. The person driving the other car either did something to cause the collision or failed to do something that might have prevented it. The next step for you and your Vancouver car accident attorney is to establish that negligence and find the evidence to support the charge. In order to do this, four elements must be established. These are duty of care, breach of duty of care, causal relationship between that breach and the incident and the resultant damages suffered by the victim. The paragraphs below demonstrate the role of these elements in traffic accident cases.
Duty of Care
We are responsible for the consequences of our actions, both to ourselves and others. The driver of a vehicle has a duty to operate that vehicle in a safe, legal manner. Entities that control or influence the flow of traffic, visibility, possible driver impairment or other factors may also be in breach of duty of care as they are also responsible for their actions and may be involved as potential defendants in the case.
Failure to Observe or Violation of Duty of Care
If the operator of the vehicle does not do so safely, ignores or violates traffic laws, operates the vehicle while in an impaired condition or otherwise does not behave in a manner to be expected of a sensible individual, he or she has violated duty of care.
Causal Relationship between Breach of Duty and the Incident In Question
A direct causal link between the incident and the action or lack of action on the part of the defendant must be clearly demonstrated. The driver did such-and-such and you were injured as a result. In other words, had the other party acted properly, the entire situation would never have arisen.
Victim Has Suffered Injuries or Damages
There are several types of injuries that a victim may claim in a traffic accident case. These include costs of hospital, emergency room, physicians’ and therapists’ care, physical and emotional pain, impairment affecting the victim’s ability to work and lost wages due to such disability or to absence from work during hospitalization or recuperation.
Understanding All the Implications
Your Vancouver car accident lawyer is committed to providing you with the experienced, skilled legal counsel that you need and deserve. Call Etengoff Pak Law Group at (360) 693-2919 today.
