San Francisco Auto Accident Lawyers/Attorneys

San Francisco Car Accident Lawyers
Explaining Elements of Negligence

When someone is injured by another driver in a San Francisco car accident, that injured person may decide to file a California personal injury lawsuit against that driver so that he or she can recover damages.  However, in order for that case to be successful and for damages to be recovered, the plaintiff will need to prove that the defendant was negligent.  This involves proving four elements successfully, and anyone who faces the prospect of proving these elements should do so with the help of experienced San Francisco car accident lawyers.  Below is an introduction to the four elements of negligence.

1. Duty of Care

The first element that must be proven by someone injured in a San Francisco car accident is that the defendant owed the plaintiff a legal duty of care.  A legal duty of care is basically a requirement that someone does not engage in conduct that puts other people in situations of unreasonable danger.  However, these people who could be harmed need to have been at least somewhat expected to be in the area.

2. Breach of Duty

After a plaintiff has proved that the legal duty of care existed, the next step is to prove that the defendant breached this legal duty of care.  This is done by showing that the defendant did not act as a reasonable person would have in a similar situation, as those who do not meet this reasonable person standard are generally seen as negligent.

3. Causation

Perhaps the most difficult concept to grasp in the entire realm of California personal injury law is the notion of causation.  Basically, if the plaintiff shows that the defendant’s breach of the duty of care caused, either directly or indirectly, the injuries that were suffered by the plaintiff, it should be enough to show that the defendant caused the damages.  However, there are several tests and exceptions that exist in this realm that have confused attorneys and judges alike.

4. Damages

Finally, if all of the elements above have been successfully proven, the plaintiff must show that he or she suffered damages as a result of the negligence of the defendant.  These damages can be tangible in nature such as with medical costs or lost income, or they can be intangible and include pain and suffering and emotional distress.

As can be seen, successfully proving a California personal injury lawsuit is no small matter, particularly when working against a skilled defense attorney.  If you or someone you love has been injured in a crash, you need to seek the help of San Francisco car accident lawyers who have been holding those responsible for this type of harm accountable for many years.  Contact the Scarlett Law Group today to schedule a free initial consultation.