What Are The Elements Of A Negligence Claim After A Motor Vehicle Accident?

by The Brown Firm

The Brown Firm

When a Car Accident occurs as a result of someone else's negligent driving, the injured party may have the legal right to file a Personal Injury Lawsuit against the at-fault driver. 

To win a negligence lawsuit case, the victim must prove all "elements" of negligence were present, and therefore the other driver is responsible for any bills that accumulate as a result of the collision. 

So you may be wondering, What are the Elements of a Negligence Claim after a Motor Vehicle Accident? 

Keep reading to find out! 

Element #1 Duty 

Every driver on the road has a duty to operate their motor vehicle safely and in a non-hazardous manner. This is to ensure that other drivers and their property are not damaged while driving. 

Drivers are expected to abide by all traffic laws at all times. For example, speed limits, traffic signs, and turn signals are in place to protect drivers, and when someone fails to uphold this duty of care, it constitutes as a breach. 

Element #2 Breach of Duty of Care 

It's not enough to only prove that the other driver owed them the duty of care, they must also prove that they breached this duty. 

A breach occurs when the other person fails to uphold the duty of care and thereby causes damage or injury to occur to the other driver. 

Even a minor breach of the duty of care can result in severe injuries and damages to occur to the another driver. 

Depending on the breach that occurred, the driver could end up being held civilly and criminally responsible for the accident. 

Element #3 Causation 

It must also be proven, that due to the driver's breach of duty, the victim suffered injuries and damages.

The breach of duty must be the direct result of the victims suffering. It has to be proven that the injuries or damages would never have occurred if the other driver had not committed the breach of duty. 

An experienced Car Accident Injury Attorney will be able to prove causation in a motor vehicle accident. It can often be difficult to prove on your own. 

Element #4 Damages 

The accident victim must also prove a legally recognized harm, such as a physical injury to themselves or to their property.

The failure to exercise reasonable care must result in actual damages to the person who is owed a duty of care. 

This can be proven by medical documentation from a Doctor who states that the injuries they are treating you for were a direct result of the car accident. 

It also helps to have police documentation stating that the damages inflicted to the vehicle were caused by the other driver. 

Hiring a Car Accident Attorney 

 When you become the victim of a car accident, it's important to hire an attorney for legal help. If you believe that the accident you were involved in was a result of the other driver's negligence, it's important to have an attorney who can prove your case and help you receive the compensation that you deserve. 

Remember, it's not just about being hit by another vehicle, all the of above elements must be present if you want to receive a settlement. 

Proving that all of the elements of negligence were present in the accident that you were involved in can be difficult to prove on your own. The other driver's insurance company will do their best to try and prove that you were partially at-fault for the accident. 

When you hire an experienced car accident attorney to handle your case, they will be able to prove that all negligence elements were present and that you deserve to be compensated for the damages and injuries that the other driver caused.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© The Brown Firm | Attorney Advertising

Written by:

The Brown Firm

The Brown Firm on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.


JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.