Filing a personal injury claim is how an accident victim recovers compensation from an at-fault party. You need to show incontrovertible evidence to win a personal injury claim because the court may need you to prove that the defendant’s actions were the proximate cause of the harm.
Cases of personal injury involving proximate cause hinge on many factors. To learn more about the topic, you could consider speaking to a personal injury lawyer experienced in the field. Whatever course of action you choose, this guide will illuminate what proximate cause entails and its implications on your rights.
What Is the Proximate Cause?
A victim must prove four essential factors to show that a defendant is responsible for their injury. The items include:
- A defendant had a legal obligation to drive safely on the roads
- The defendant failed to execute their obligation
- The defendant’s failure to oblige caused the harm
- The harm caused compensable damage to the victim
The two types of causation to consider are the actual and the proximate causes of the accident. In some circumstances, the proximate and actual causes are the same. However, it is not straightforward in other situations and can affect your right to recover compensation.
The Nexus Between Actual and Proximate Cause
Another name for actual cause is “cause in fact.” It is the event that directly and immediately leads to a mishap. For instance, if a red light stops a driver while you are walking across the street, and their vehicle suddenly enters the intersection and strikes you, this vehicle’s movement is the actual cause of the accident.
Another name for proximate cause is “legal cause.” It is the primary cause of an accident or an occurrence that sets everything in motion. It may be the same as or different from the actual cause.
For example, if a truck that pulled up behind the car that hit you rear-ended the latter and forced the car to move unwillingly into the intersection, the truck was the primary cause of the accident. Its failure to stop is the proximate cause of your mishap. The proximate cause and the actual cause of the incident differ.
How to Prove Causation
Your personal injury claim becomes valid when you prove that the defendant’s actions led to your harm. States adopt unique techniques to determine if a victim can establish causation.
“Substantial Factor” Test
Many people typically use this test to determine proximate causes. This test primarily checks if the defendant’s actions injured someone. For instance, let us assume a motorist was speeding, weaving in and out of traffic to attend a crucial meeting after his phone alarm failed to go off. If the speeding motorist swerves into your lane abruptly and hits you, his careless driving is the substantial factor that causes the mishap.
You can make a personal injury claim and establish a proximate cause. However, you cannot claim product liability against the phone manufacturer even though the alarm’s failure to go mute triggered the chain of events that eventually culminated in the crash. That is because the court will not consider it a “substantial factor” that causes the mishap.
“But For” Test
The main question is whether the incident would have occurred had the defendant been careful. People use this test to know the actual or legal causes.
If the defendant’s acts or omissions propelled the incident, they will be accountable for the consequent harm. But if the incident would have still occurred despite the defendant’s actions, you cannot hold them legally responsible. This test remains problematic due to the last part.
The Relationship Between Foreseeability and Proximate Cause
Foreseeability is another crucial issue to consider when assessing the cause of a crash. It means whether the defendant could have foreseen or projected the repercussions of their actions. You cannot hold the defendant responsible for the injury if they cannot foresee the consequences.
For instance, it is foreseeable for a speeding driver to know that they might hit another vehicle and cause property damage and injuries. However, if the speeding motorist rams into a building that unexpectedly has explosives, no one can necessarily hold the driver responsible for the damage the exploding structure causes.
There is no way a motorist can foresee that over-speeding would lead to a massive building explosion.
Who to Sue in Multiple Accident Causes
It is often overwhelming and complex to know who to hold liable for your injuries if there were multiple causes of the incident or if the actual cause differs from the proximate cause. However, it may mean that you have multiple parties to pursue a claim for damages.
For example, if a car that entered an intersection struck you while crossing, you could file a claim against the driver. However, if it becomes evident that a trucker rear-ended the car and was the legal cause of the accident, you can also sue the trucker.
Conclusion
Consulting a personal injury lawyer can help interpret your case accurately. These lawyers are adept at identifying all the liable parties in the case and suing them appropriately. Navigating the legal waters requires assistance, and going in without proper knowledge could hinder your chances of fair compensation.
