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Elements of a negligence claim in a Rhode Island car accident

Car accidents are a common occurrence on the roads of Rhode Island, but who is really at fault and how is it proven? Evidence acquired by the police and those involved in the accident via photos helps determine fault. Negligence can be difficult to prove in some car accident cases, but not impossible.

There are four elements of a negligence claim when dealing with car accidents; duty, breach, causation and damages. All four must be present in the case for a defendant to be listed a negligible for the accident.

The first aspect of a negligence claim, legal duty, involves the defendant owing the victim this in a scenario. The second aspect, breach, means that the defendant breached the legal duty by acting in a specific way. The third aspect, causation, involves the defendant's actions that caused the injury to the plaintiff. The fourth aspect, damages, involves the victim being harmed as the result of the defendant's actions.

So, what are some examples of reasonable conduct expected by a driver? These include watching for pedestrians crossing at intersections, stopping at a red light, stopping at a stop sign, following a vehicle in front at a safe distance and more.

The driver of a car accident has the duty to drive at a reasonable speed at all times, be vigilant and be on the lookout, maintain the equipment of the car, maintain control of the car and more.

Some of the duties that could give rise to a presumption of negligent acts include driving on the wrong side of the street, driving under the influence of alcohol or drugs and violating right-of-way rules. Right-of-way rules include the right-of-way of other vehicles and pedestrians.

Negligence can be difficult at times to prove in Rhode Island car accident cases, but impossible. You need to prove all four aspects of negligence in order to have the claim move forward.

Visit our site today to learn more about Rhode Island car accidents and your rights as a victim.

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