Examples of Proximate Cause in a Personal Injury Case

If you have been hurt in an accident in Morgantown, you may be able to recover compensation for your injuries through a personal injury case. However, in order to win your case, you must be able to prove that the other party caused your injuries. This requires proving both direct cause and proximate cause

Keep reading below for examples of proximate cause in a personal injury case, when it is not present, and how to prove that someone else’s actions were the proximate cause of your injuries. 

What Is Proximate Cause?

Proximate cause is part of the legal concept that binds the defendant’s actions to your injuries. To recover compensation for injuries based on another’s carelessness, the victim has to prove the four elements of negligence. Causation is one of these elements and has two parts: actual (or direct) cause and proximate cause. 

To prove proximate cause, you must show that your injuries were a foreseeable outcome of the defendant’s actions. This element aims to ensure that people are legally responsible only for injuries that are a direct result of their actions and are also likely and predictable consequences of their conduct. 

What Is an Example of Proximate Cause in a Personal Injury Claim?

Understanding proximate cause can be a little easier with an example. 

Imagine you were stopped at a red light when a big truck slammed into the back of your vehicle. As a result of this truck accident, you suffered severe back and neck injuries. Upon further investigation, it was determined that the truck driver was unable to stop the truck in time because the brakes were not properly maintained. 

Trucking companies have a duty to perform regular maintenance, and they should have known or foreseen that poor maintenance could lead to a similar accident. This means that their failure to maintain the truck’s brakes was the proximate cause of your injuries, and they could be held responsible for your medical bills, lost wages, pain and suffering, and other losses.

When Is Proximate Cause Not Present?

It can also be helpful to understand situations in which proximate cause does not apply. For instance, imagine a car is stopped at a red light when a distracted driver rear-ends it. The stopped car had a trunk full of fireworks, and a large explosion occurred upon impact. The explosion sends debris flying, and a pedestrian standing on the street corner is injured. 

The pedestrian’s injuries are not likely to be considered a foreseeable consequence of the accident, so it may be difficult for the pedestrian to hold the distracted driver legally responsible for their damages.

Does Proximate Cause Apply to My Case?

Proximate cause applies to personal injury claims that are based on negligence. 

This includes most personal injury claims, such as:

An experienced personal injury lawyer can help you understand exactly what is needed to prove your case and recover compensation for your injuries. 

Proving Proximate Cause in Personal Injury Claims

There are many different types of evidence that may be used to prove your claim, and it requires connecting the dots from the defendant’s conduct to your injuries. You must be able to establish specific facts and then show how those things led to your accident. 

Some common types of evidence used to establish proximate cause include:

  • Your own testimony
  • The defendant’s testimony
  • Witness testimony
  • Expert witnesses
  • Photos
  • Video
  • Contracts or other legal documents
  • Medical records

An experienced attorney can also help you gather the necessary evidence to prove your case. 

Contact the Morgantown Personal Injury Lawyers at Farmer, Cline & Campbell Personal Injury Lawyers for a Free Consultation

Proximate cause can be complex, and having an experienced lawyer on your side can be crucial to proving your case and winning your claim. The team at Farmer, Cline & Campbell Personal Injury Lawyers has 315 years of combined legal experience, so we know what it takes to win even the most complex injury claims. 

For more information, please contact an experienced personal injury lawyer at Farmer, Cline & Campbell Personal Injury Lawyers, to schedule a free initial consultation today. We have convenient locations in Charleston, Beckley, Morgantown, WV.

Farmer, Cline & Campbell Personal Injury Lawyers – Charleston
746 Myrtle Rd
Charleston, WV 25314

(304) 346-5990

Farmer, Cline & Campbell Personal Injury Lawyers – Beckley
101 N Kanawha St, Suite 101
Beckley, WV 25801

(304) 252-5990 

Farmer, Cline & Campbell Personal Injury Lawyers – Morgantown
453 Suncrest Towne Centre Drive, Suite 300
Morgantown, WV 26505

(304) 225-5990