What Are the Four Elements of Negligence in a Tampa Car Accident Claim?

Negligence is a key concept in many Tampa car accident claims. If you have suffered a serious injury, you may need to prove that another driver was to blame. More specifically, you must prove that they were “negligent.” But what exactly does this mean? The answer lies with four “elements,” and you can learn more about these elements alongside an experienced Tampa car accident attorney.

Duty of Care 

The first element of negligence is “duty of care.” Someone owes you a duty of care if they have a legal responsibility to act carefully and avoid causing you to suffer an injury. Drivers have a legal responsibility to avoid crashes when they get behind the wheel. If they operate their vehicles recklessly and break traffic laws, this increases the chances of other people getting hurt.

Breach of Duty

Someone breaches their duty of care when they commit some kind of traffic infraction behind the wheel. This might be the decision to drink heavily before driving. Another driver might choose to send texts while driving down the highway. Others might choose to street race, break the speed limit, or veer between lanes without signaling. There are almost limitless examples of breaches of duty.

Causation

Causation represents the “cause-and-effect” relationship between a breach of duty and an injury. Someone might have breached their duty of care, and an injury may have occurred shortly thereafter. But how do we know whether the breach caused that injury? Lawyers must answer this question with clear, compelling evidence.

For example, a driver might have veered out of their lane before correcting. If a nearby vehicle crashes, one might argue that there is no causal link. Unless, of course, the driver was forced to dodge the veering vehicle before crashing. These “near-misses” often lead to crashes, even if the at-fault driver never collided with another vehicle.

Injuries 

The fourth and final element of negligence is “injuries.” You’ll need to prove that you suffered real injuries if you want to pursue compensation for your car accident in Tampa. Fortunately, you can make this easy by seeking treatment as soon as possible after the crash. As long as you seek treatment in a timely manner, you’ll have the medical records necessary to prove your injuries were legitimate.

In this context, psychological issues and financial losses may fall into the general category of “injuries.” Your lawyer can help you prove that you were forced to suffer numerous economic and non-economic damages as a result of your crash.

Can a Tampa Car Accident Lawyer Help Me Prove Negligence? 

Although there are many important steps when filing a car accident lawsuit in Tampa, proving negligence is often crucial. This process may be easier with help from an experienced injury attorney at Anderson & Anderson. For many years, we have been serving the local community and fighting for the rights of injured victims. Book a consultation today to learn more about your next steps.

Source:

law.cornell.edu/wex/negligence