Proving fault is a crucial aspect of car accident claims. To establish liability and demonstrate that another party was at fault for the accident, several key elements need to be considered and proven by your Wichita personal injury attorney:
Duty of Care: The first step in proving fault is establishing that the other party owed a duty of care to you. In car accident cases, all drivers have a legal obligation to operate their vehicles safely and adhere to traffic laws.
Breach of Duty: It must be demonstrated that the other party breached their duty of care. This can involve showing that they acted negligently, recklessly, or in violation of traffic regulations. For example, they may have been speeding, texting while driving, or driving under the influence.
Causation: It must be established that the other party's breach of duty directly caused the accident and subsequent injuries. This can be done by presenting evidence such as witness testimonies, police reports, photographs, or video footage from the scene of the accident.
Damages: To have a valid claim, it is necessary to prove that you suffered actual damages as a result of the accident. These damages may include medical expenses, property damage, lost wages, pain and suffering, and other related costs.
Kansas follows a modified comparative fault rule, which means that fault can be shared among multiple parties. The percentage of fault assigned to each party can impact the amount of compensation they are entitled to receive.