Burden of Proof in Car Accident case; factual cause of negligence

May 20, 2019 Posted in Articles Tagged in Personal Injury Share

Whether it is a Car Accident, Truck Accident, Motorcycle accident, Slip and Fall, Trip and Fall and/or injury if an individual is asserting a negligence claim against another they have a burden of proving certain elements. One of those elements is showing that the conduct of the Defendant(s) is(are) the factual cause of the harm that the Plaintiff(s) suffered. Pa Jury Instruction 13.20 goes on to say that “to be a factual cause, the conduct must have been an actual, real factor in causing the harm, even if the result is unusual or unexpected. A factual cause cannot be an imaginary of fanciful factor having no connection or only an insignificant connection to the harm.” Keep in mind that the factual cause need not be the only cause of the harm, there can be more than one factual cause.

If you were involved in a Car Accident, Truck Accident, Motorcycle Accident, Slip and Fall, and/or Trip and Fall and you have questions about whether you are liable for an injury or have questions regarding an injury please contact a Bethlehem Injury Lawyer at The Law Offices of Edward J. McKarski for a free consultation.