Legal Elements of a Car Accident Case

Pasadena car accident lawyerYour Pasadena car accident lawyer will likely explain that the vast majority of motor vehicle accident cases rely on the legal theory of negligence. Negligence means that a person failed to act in a manner that a similarly situated and reasonably prudent person would have acted. This legal theory depends on four basic elements: duty, breach, causation and damages.

Duty

In many cases, duty is not difficult to show. Every driver owes other individuals on the roadways a duty to drive in a safe manner. The issue of duty may also arise in the employment context. If the accident was caused by an employee who was completing a work-related task at the time of the accident, the employer is usually found to be responsible for the actions of his or her employer.

Breach

Your Pasadena car accident lawyer can explain that a breach of duty arises when an individual does not carry out the duty that he or she owes others. For example, a driver may drive while intoxicated or not follow traffic laws.

Causation

There must be a direct link between the defendant’s breach of duty and your injuries. This is normally phrased in a but-for context. For example, your injuries would not have been sustained but for the defendant’s breach of duty.

Damages

Your Pasadena car accident attorney can help you establish your injuries through an economic and non-economic showing of how you were affected by the accident. For example, you may have incurred medical bills and a large degree of pain.

Get Help from a Pasadena Car Accident Lawyer

For assistance with establishing the legal elements of your car accident case, contact The Paul S. Norris Law Firm at 626-993-4415.

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