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If you sustained injuries in a car crash that was someone else’s fault, you will not be able to recover damages until you prove the other driver’s negligence. With the help of an auto accident attorney from The Law Offices of Terrence J. Salerno in Omaha, NE, you will find a dedicated legal counsel who will show you how to gather the evidence needed to prove negligence in your case.

Here are the five elements of negligence in collision cases:

  • Duty: A jury will have to decide if the defendant owed a duty to the plaintiff before they can make a ruling of negligence. For example, if a car strikes a pedestrian who is walking in a crosswalk, a reasonable person will argue the motorist had a duty to stop for the pedestrian; however, if a car strikes a pedestrian who is trying to cross a six-lane highway, the jury may question the motorist’s duty to the pedestrian since drivers do not expect to come across people on the highway.
  • Breach Of Duty:auto accident attorney If it’s established that the defendant had a duty to the plaintiff, a jury will need to decide if a breach occurred.
  • Cause In Fact: In an accident case, the plaintiff must prove the defendant’s actions directly caused the injuries the plaintiff sustained.
  • Proximate Cause: Proximate cause refers to the extent of the defendant’s responsibility. For example, a defendant is only responsible for foreseeable harms that occur in the accident. If the plaintiff sustained injuries in a car accident and gets into another collision several weeks later on the way to physical therapy, the individual will not be able to prove a proximate cause of the second set of injuries.
  • Damages: The plaintiff’s auto accident attorney must prove the actual damages to the person or property occurred as a direct result of the defendant’s negligence.

If you need help putting together your car accident case, turn to The Law Offices of Terrence J. Salerno in Omaha, NE. Visit the website to learn more about the experience offered in personal injury law, and call (402) 502-9002 to schedule an initial consultation with an auto accident attorney today.

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