Proving Negligence in a Motor Vehicle Crash Case
In order to receive compensation in a motor vehicle crash case, it must be proven that the other driver or entity (i.e. municipality or company) acted negligently. Negligence is a legal principle that has changed over time to reflect current sentiments through the “common law” system. This standard is used in every state across the United States, but is interpreted differently in each state.
Generally, a person is considered to be negligent if the accident is considered to have been avoidable but for the reckless, careless, or otherwise unreasonable actions of another. In other words, if the person exercised the degree of care that any other safe driver would have used in similar circumstances and the accident could have been avoided, a driver who did not do that may be considered negligent.
Our lawyer at Silverberg Law Firm LLC will review your case to determine if negligence played a part in the motor vehicle crash causing bodily injury to you or your loved one. By law, we will need to show the following:
1) You were owed a duty of care
2) That duty of care was breached
3) The breach of duty proximately caused/was a substantial factor in causing
4) Damages (injuries or death) to you or your loved ones.
In order to have a successful case and be awarded compensation, all four of these elements need to be established. But a defendant only needs to be successful in disproving only one of these elements. This is why it is essential for you to work with an experienced car accident lawyer in Middlesex County, NJ like ours at Silverberg Law Firm LLC.