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What are the Elements of a Car Accident Claim?

Choosing to sue a party who causes the victim of a car accident harm can be a good step toward securing compensation for the aggrieved party. Victims of motor vehicle accidents can, under personal injury theories of law, offer their claims to the civil courts of Ohio and require the parties that harmed them to appear and explain their actions. If and when they prevail, they may be awarded damages to compensate them for their accident-related losses.

A lawsuit of this nature begins when a victim files a claim with the courts. In their claim, they lay out the elements of the basis for their case. Personal injuries sustained from events like motor vehicle accidents often arise from claims of negligence, and the remainder of this post will address how a negligence case is built.

First, a victim must show that the responsible party owed the victim of a duty of care and that the responsible party then breached that duty. Drivers owe a duty to others on the roads to operate responsibly in general and as a reasonable person would given the circumstances present at the time of the crash. Engaging in dangerous driving behaviors constitute a breach of this duty.

Next, a victim would have to show that responsible party was the cause of their losses and that the victim actually suffered harm as a result of the responsible party’s conduct. If the victim can demonstrate that they have met all of the elements of negligence-based car accident case, then they may be able to get the financial reward they deserve to become whole once again.

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