Posted On: August 3, 2011

Issues pertaining to negligence in car accident claims

Proximate Causes

A proximate cause refers to the extent of responsibility that a defendant owes in a case of negligence. Responsibility of the defendant is restricted only to such outcomes that the defendant could have reasonably foreseen. If the victim has suffered personal injury or damages that were beyond the scope of the risks that could have been foreseen by the defendant, there is no proximate cause involved. Personal injury victims may get in touch with a Louisville car accident attorney to evaluate the facts and circumstances of their case and determine if there was a proximate cause of injury. This is why assumptions should not be made and an ideal reason why accusation and finger pointing should not be exercised. Proximate cause is always in aisle in car accident litigation

Specific Duties

In some cases, specific duties may be pre-determined under the law for people such as the duty of an individual to rescue another in a situation where such rescue may be reasonable expected. People involved in certain jobs or professions may also be subject to specific duties defined by a statute. Professional practitioners such as health professionals or lawyers are required to maintain a certain standard of care that is reasonably expected in their profession. Failing to uphold such duties may make the professional liable for malpractice under the law of negligence. Rescue vehicles and the law pertaining to them is codified under statute.

Actual Occurrence of Damages

In case where the defendant’s negligence is involved, but the negligent action did not result in any reasonable damages or injury to the victim, the defendant may not be held liable. Apparently and obviously, you cannot sue someone or hold someone culpable just for scaring or bothering you; no one is perfect after all. For the law of negligence to apply in a personal injury case, the plaintiff must be able to prove legally recognizable damages, whether in the form of property damage or physical harm. Victims of personal injury may seek legal advice from a Louisville personal injury attorney to assess whether they have a valid case for damages and to try and protect their rights under the law. Damages is one of the biggest issues in a car accident litigation lawsuit.

For questions about this article, contact:

Law Offices of Andrew Alitowski
332 W. Broadway Suite 613
Louisville, KY 40202