If you are in a car accident in St. Louis or other surrounding areas and have to litigate your auto accident claim, causation is something you are going to repeatedly hear during the discovery and during the trial from the attorneys and lawyers handling the case.
“Car Accident Causation” comes up in two instances. First, as a plaintiff making a claim for injuries or damages from a car accident, you and your attorney are attempting to prove the defendant was the cause of the accident. Secondly, the injury victim has the burden of proving the accident caused his or her injuries. Look at causation as a circle and in that circle is the defendant.
Simply put, you never want to point to any other cause for the car accident or damages that is outside the circle. Meaning the sole cause of the accident and the damages you are suffering from is the defendant. In terms of who is at fault, never give ground on issues regarding the car accident that did not happen or do not truly exist. If it is not a fact, deny it.
Classic examples that the lawyers for the defendant attempt to make up or inject in a case are as follows:
- the plaintiff being inattentive or failing to evade
- the plaintiff being in a hurry
- this is a bad intersection or area of highway
- there was a tree, bush or car blocking the view
- in some way an insignificant car‘s actions contributed to the car crash
- any other irrelevant cause that did not exist.
In terms of causation of the car accident victims damages, causation again plays a role. The injuries would not have occurred in the absence of the defendant’s conduct. If you look at the defense of a case and the defendant attorney’s options, they want to blame anything but the car accident for your damages, including alleging:
- The victim was already injured before the car accident
- The impact or property damage was not bad enough to cause your injuries
- Your pain is not as bad as you are saying
- Your pain did not last as long as you are saying
- Your injuries went away
- Any other reason beside the car crash
Hiring a St. Louis law firm with attorneys and lawyers who know car accident cases and the nuances of litigation is important. It is so important that it could mean winning or losing your case on the issue of fault. It could also mean winning or losing out on damage compensation you and your family have lost. Choose a St. Louis law firm that exclusively handles car accident cases, having attorneys who are experts and having lawyers who are prepared to represent you and your family.
photo credit: sylvar