Last March 23, 2017, another accident occurred on Causeway Boulevard in Dunedin, which injured multiple people. The said accident involved a vehicle and a motorcycle. The crash approximately happened around 10:30 PM. Among the unidentified injured victim is a female teenager that was a passenger in the vehicle.
There are a lot of accidents that is happening on the road. Among them is the incident in Dunedin, but are the accidents caused by negligence? Is the crash in Causeway Boulevard another accident negligence in Dunedin? Or just another normal road accident?
To understand deeper the claims of negligence, listed here are elements that could help identify a negligence claim.
The Four Elements of Negligence
If ever involved in an accident where the one responsible is hard to determine, here are elements to prove that a person is negligent and liable for the injuries of the victim. In particular, one of the elements is “damages” which means the appellant should suffer any injuries to have the defendant held liable. If it happens that the accused is proven guilty, the appellant can not collect any damages without injuries.
Here are the four elements of negligence:
The first thing to do when assessing a negligence claim, make sure to look if the defendant owed the accuser any legal duty of care.
Each driver has a responsibility to manage any vehicle in an unthreatening manner to secure the safety of property and individuals. Duty also means that drivers abide by all traffic laws, street signs, speed limits or anything that secures safety. Failure to fulfill the legal duty of care means the establishment of a breach.
#2 Breach of Duty
After looking deeper to the legal duty of care, the court will investigate if the accused breached any duty.
Also if there are victims harmed in the accidents and if they wish to file any personal injury claim against the responsible person. They must prove that the defendant breached his duty that caused the accident.
For the third one, it requires that the appellant must show evidence that the accused’s negligence caused any injury. Yes, any person can act negligently. However, the appellant can only recover if the negligence caused the injury.
Another angle to look for this element is whether the accused had already foreseen that his action could cause an injury. If the accused’s action caused an injury due to an unexpected act of nature, the injury is not certain. So the accused is not liable for any action.
For the final element, the appellant should calculate all the costs and losses that are connected with the injury. If it’s a case where the appellant can’t determine the exact amount, the damage costs can either be denied or reduced.\
Being involved in a car or motorcycle accident comes with a lot of legal challenges. There are a lot of rights and elements, even the fault of the accident can be everyone’s fault. However, when determining if the accident was negligence or not, there are a lot of factors that needs consideration.
The accident in Causeway Boulevard can be an example of a driver’s negligence. However, the accident can also be an unforeseeable event.