In car accident cases, it is relatively easy to show that a person had a duty, as it is implicit in the right to drive that you are required to act reasonably so as not to harm other people or property. A breach of that duty can be shown by demonstrating that the person did not act the way that a reasonable driver would act in a similar situation. For example, a reasonable driver would not text and drive, drive while under the influence of alcohol or drugs, or fail to look before pulling out onto a street. Sometimes, a violation of a driving law can be evidence that a person breached his duty of care.
Next, the plaintiff must show that this breach is what caused his or her injuries and that the injuries are a reasonably foreseeable consequence of the breach. A person who texts and drives can reasonably expect that her actions may cause an accident, but it may not be reasonable to expect that the accident would knock out power for an entire city block, leading to a person being unable to see and falling down a dark stairwell. The person who was injured in the accident could likely recover against the driver, but not the person who fell down the stairwell.
Finally, the plaintiff must prove that he or she suffered damages as a result of the other party’s breach. This could come in the form of medical bills, lost wages, pain and suffering and many other types of damages. It is up to the plaintiff to establish what he or she has lost or suffered as a result of the accident. An experienced Fresno car accident attorney, such as the lawyers of the Winter Law Group, can evaluate your case to put together a comprehensive claim for damages.