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Elements of Negligence in Your Auto Accident

Dick Chopin

Getting injured due to the negligence of another person is something that deserves justice. Luckily, there are laws in place which give you the right to pursue compensation against the at-fault party. Successfully proving negligence in your injury case will hold the negligent party responsible for any damages relating to the accident.

The Elements of Negligence

In order to prove a negligent auto accident case, you must be able to prove all “elements” of negligence were present during your accident. These elements may be challenging to prove alone, which is why many people choose to work with an injury attorney following their accident.

Duty of Care

Each and every driver on the road has a duty of care to ensure they are operating their vehicle in the safest way possible, each time they step behind the wheel. Under this duty of care, drivers must follow things like speed limits, stop signs, and proper usage of turn signals.

Failing to provide this duty of care may result in an accident, and if that happens, you may be held responsible for any damages accrued—as this is considered an act of negligence.

Breach of Duty of Care

Proving that the other party acted out of their duty of care will help strengthen your case. However, you must also be able to prove that the party breached their duty of care.

When the duty of care is breached, it means that the other driver failed to follow what was required of them, which resulted in others being injured.


Now that the duty of care and the breaching of said duty has been established, you must relate them to your accident. Causation is the explanation of how the breach of duty directly caused your injuries. It must also be proven that these injuries would not have occurred if the other party was following their duty of care.

This is where the help of a qualified New Orleans personal injury attorney will be crucial for your claim. An experienced attorney will be able to link the negligence to your injuries with ease. Call us today at (504) 475-2429 to learn how we can help.


Finally, you must be able to prove some sort of legally acceptable damage was done. This means either physical injuries or damage to property. To receive compensation based on a breach of duty of care, you must prove that the other party’s breach was directly responsible for your injuries. Police and medical records will help you prove the damages, as statements from legal professionals will be strong evidence in your case.

Working With a New Orleans Accident Attorney

Our team here at Chopin Law Firm has been helping those injured due to negligence pursue the compensation they often so desperately need for over 50 years. We have seen many acts of negligence and have the knowledge to ensure the best possible outcome for your case.

Call us today at (504) 475-2429 to discuss more over a free evaluation.