He Said, She Said, The Police Said – How The Jurors Decide Who Is At Fault In A Car Accident

A Jury is charged with determining who is at fault or in legal terms who was the negligent party.

The Jury is trying to determine whether the other party engaged in careless conduct or behavior, and if that conduct or behavior caused the accident.

This determination is not accomplished by just figuring at who caused the accident.

To succeed with the Jury, five (5)elements must be proven:

1. Is There A Duty Owed?

A driver owes a duty to other drivers on the road.

For example each driver owes a duty to other drivers and pedestrians to drive safely.

Another example is each driver has a duty to follow the rules of the road, be it traffic lights, road signals, etc., and each driver owes other drivers the duty to conform and follow those rules.

2. Has There Been A Breach Of Duty?

Simple, if that driver was not driving safely or following the rules of the road, this element is met.

3. Was the Breach the “But For” Cause?

You must show that “but-for” the other driver running into the back of your car, you would not have been injured.

4. Was It Foreseeable That the Action Would Cause Injury?

This is legally known as proximate cause.

To show this, you have to show you were in the “zone of danger.”

In other words, it was likely for you to get hurt based on the conduct of the other driver.

5. Did You Suffer Damages?

There has to be some showing that you have suffered damages.

This means showing you have undergone medical treatment, incurred medical bills, experienced pain and suffering, and have property damage.

Evidence must be presented to the Jury to satisfy each of the five elements.

This is what your attorney will do.

He or she will work up your case so that the evidence that has been gathered and presented will satisfy each element.