There is a four-pronged test the courts use to determine whether negligence was a factor in the cause of a car accident. These benchmarks include:
– Duty. In the case of cars, every driver has a “duty” under the law to drive safely and within the rules of the road. All drivers have this legal responsibility to one another.
– Breach of duty. Would the average person believe that their actions could lead to death or injury? If so, a breach of duty has occurred.
– Causation. Successful claims must demonstrate that the breach of duty was the specific cause of harm.
Damages. What are the actual consequences of the breach?