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Proving negligence in a rear end crash: 4 steps

On Behalf of | May 2, 2019 | Car Accidents, Personal Injury

It’s not common sense that a person is automatically liable if he or she rear-ends somebody in an automobile accident. Common sense isn’t the right word. Rather, conventional wisdom fits the bill. Liability for a crash isn’t always as easy as it seems. For rear-ending accidents, it’s not true that the following driver is always negligent in the circumstance, as states.

Negligence is self-explanatory, but it’s where someone falls short “of the expected standard of care that a reasonable person would use in the same circumstances”. By this logic, it’s first and foremost about establishing the existence of “duty of care”. In other words, the duty is the responsibility a driver has to drive safely by abiding by the laws of the road.

This is step 1 of a 4-step process of proving negligence in your accident. The second step is proving that the driver breached this duty. The third step is to prove that a driver’s breach of this duty is what directly caused the accident. The fourth and final step is to show sustained damages as a result of the accident. You and your lawyer must accomplish this step.

Have you been in car accident caused by the negligence of another driver? Taylor has witnessed how car insurance companies can operate solely for their bottom line, and he is willing and able to stand up for your rights. He knows the value of communicating and providing a high level of service while guiding clients through the legal process. ​ When you are hurt in a car wreck, experience and personal attention matter. Call Lafayette Injury Attorney Taylor Fontenot.

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