Let’s assume that you have been involved in an auto accident either as a driver or a passenger and would like to be compensated with money. To figure out who should get what, the law has created certain rules and principles. These allow you to sue, or threaten to sue which creates the out of court settlement.
In a car accident case four elements must be present. The first is that the driver of the car that caused the accident must owe a duty of due car to the driver or passenger he injured. This simply means he must use reasonable care driving and not injure any car or person. Included in this would be using proper speed, and stopping at red lights and stop signs.
The second element is that the driver we want to sue breached his duty of due care by running a red light or failing to stop when they should have. There are many ways of breaching the duty of due care.
The third element is foreseeability. Another words was it foreseeable that the breach is the cause of injuries. It is certainly foreseeable to the driver of a car that when he hits another car there will be injuries to the people in the vehicle.
The fourth element is injuries resulting from the accident. This includes payment for pain and suffering, loss of wages, damages to car and other property, medical bills, future medical bills, general damages and loss of consortium (loss of romantic interludes with one’s wife).
When the four elements are present, you have a good case.