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May 25 2018

accidentlawyerpage
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The Difficulty of Proving Negligency

A case of negligence may seem obvious to an accident victim, but it is entails several elements to prove it. That is why it is wise to contact a Denver Car Accident Attorney as soon after an accident as possible. The sooner witnesses can be interviewed, photographs can be taken of the scene and the surrounding area, and the vehicle is evaluated, the more time the attorney has to build a strong case. It is much more complicated than standing up in court and claiming someone was negligent.

Duty

The first element is to prove the defendant had a duty to the plaintiff. That can mean several things. A driver goes straight through an intersection without stopping because there was no stop sign posted. The municipality would be at fault because the town has a responsibility to keep road signs current. If the driver knocked over the stop sign as she was plowing through the intersection, the town is not at fault because the sign was posted.

A vehicle has just had new tires put on by an auto body mechanic. There is an accident as the driver is going home. It was caused by one of those tires falling off the car. The mechanic can be held responsible because it is reasonable to expect a mechanic to properly install tires. The manager of the shop can also be held responsible, if credentials of the mechanic were not checked and document. The Denver car accident Attorney will know to investigate all the possibilities.

Breach of Duty

The next element that has to be proved is that the defendant did not fulfill the duty. Again, it may be obvious to the victim, but still has to be proven to a jury. It is important when seeking legal representation to make sure the attorney has presented cases in court. Most personal injury cases are settled out of court, so some attorneys have little to no experience inside a court room. Ask the Denver accident attorney how many cases he has represented in court before hiring him.

The Cause of the Accident

Once the first two elements have been proven, the accident attorney Denver then has the burden of proving the breach was the actual cause of the accident. If the accident occurred and then the tire fell off the vehicle, there is room for doubt. It may have been the force of impact that sent that tire rolling across the road. This is where it gets complicated, and drivers have no capacity to consider all the contingencies. That is the attorney's job. At that juncture, damages are determined and there is either an award, or not.

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