According to personal injury attorney Andrew Alitowski, to make a successful case of negligence against the defendant, the victim must prove that the defendant owed a duty to exercise a reasonable level of care, such a duty was violated by the defendant, and that the personal injuries sustained by the victim arose as a result of such breach of duty. It must also be shown that the injuries were a foreseeable result of such a violation.
In an auto accident related person injury case, the vehicle driver owes a duty to other drivers and pedestrians to keep the vehicle under control throughout and drive safely. It is reasonably foreseeable that a violation of this duty may cause personal injury to others. Therefore, the victim in a car accident is in a fairly good position to argue that the defendant who caused the accident was negligent in the eyes of the law, and therefore, should compensate the victim’s damages.
Be sure to visit Andrew Alitowski’s injury blog which includes related articles on Discovery, Premises Liability and Monetary Recovery.