Auto Accident Law in Wilkes-Barre PA sets forth the legal rules that determine responsibility for personal and property damage resulting from car accidents. There are four things accident victims must prove to receive compensation. These are sometimes referred to as duty, breach, causation, and harm.
When victims are injured in car accidents, they’re often confused as to whether they will be able to receive compensation. A basic understanding of these important aspects of car accident law will help them determine whether they should follow up and file claims.
Driver Duty
Drivers are obligated to follow all of the rules of the road and to operate their vehicles safely. They must maintain safe speeds, keep control over their cars, be aware of their surroundings, use their blinkers and headlights, and observe any traffic signals. Drivers who fail to live up to these and other duties as defined by law may be held liable for any injuries or property damages that occur as a result.
Breach of Duty
While it’s easy enough to prove that drivers have a duty to operate their vehicles safely, proving they have breached that duty can be more difficult. Evidence such as witness testimony, videos captured by surveillance cameras, and admissions of fault on behalf of responsible drivers can all come into play when determining whether that duty has been breached. In some cases, circumstantial evidence such as paint smudges, skid marks, or even blood alcohol readings can also be used to prove a case.
Proving Causation
Victims must also prove that the driver’s breach of duty directly caused the injuries. This can usually be accomplished through medical testimony that proves the plaintiff’s injuries are consistent with what could be expected in similar accidents. It must also be proved that the plaintiff did not have the injuries before the accident.
Proving Harm
Auto Accident Law in Wilkes-Barre PA prevents plaintiffs from receiving compensation unless they or their vehicles have been actively harmed. The Law Office of Robert D. Elias can help clients establish a case proving that the victim has suffered physical harm through medical expenses, monetary harm through lost wages, medical bills, and property damage, or pain and suffering due to the accident. You can also follow them on Twitter.
