Seeking Compensation After a Side-Impact Accident
To hold a defendant driver liable for a car crash, a plaintiff usually must be able to show all four of the elements of negligence by a preponderance of the evidence. These four requirements are duty, breach of duty, causation and damages. The first element, duty, may be established in several ways, including by reference to the rules of the road like the basic law that a driver must stop at traffic signals, red lights and stop signs. Failing to obey this duty by running a red light, for example, can be used as proof of the defendant’s breach of duty.
Other common scenarios that can lead to side-impact accidents include:
- Failing to come to a complete stop at a four-way stop
- Making a left turn across traffic when it is not safe to do so
- Driving too fast in bad weather, decreasing the ability to stop safely at an intersection
- Making a right-on-red turn when traffic is not clear
One of the most common reasons for accidents, including side-impact collisions, is the use of cellular phones and other mobile devices. When a driver is texting, looking at directions on a GPS app or just talking on the phone, his or her attention level can be seriously decreased, thus making it much more likely for an accident to happen. Driving while intoxicated and under the influence of drugs, along with road rage and aggressive driving, are also common causes of serious motor vehicle collisions.