Elements of Virginia Injury Claims: Breach

Did you know that in 2021, the DMV Highway Safety Office found that 11,297 people were injured in accidents involving distracted driving? In fact, the top three distracted driving categories listed were: “eyes not on the road”, “looking at a roadside incident”, and “cell phone use”. (DMV Highway Safety Office, 2021). Did you know that all these distractions may be seen as a form of negligence in a personal injury case?

When personal injury cases are pursued, the plaintiff must be able to provide evidence that the responsible individual or company breached their legal duty to them when the incident occurred. Individuals and businesses have a duty to take reasonable actions to ensure the safety of others. When they fail to do so, this duty has been breached, and they may be responsible for compensating anyone who has suffered as a result of this breach. The fact that there was an incident with an injury is not always enough proof to say that an individual or company is automatically responsible. There should be evidence and identifying factors that shows the defendant breached its duty and therefore is at fault for what happened. This could be purposeful or unintentional actions taken, or not taken, by the defendant.

A breach of duty is different in every case and no case is the exact same. Personal injury cases vary in severity and the circumstances can be different for each one. That’s why it is extremely important to be as clear as possible when communicating information to your Attorney and other necessary individuals, such as emergency personnel. It allows them to get all the information they need to help you the best they can.

At ReidGoodwin we understand that navigating through the personal injury process can be tough and often overwhelming. If you or anyone you know needs legal advice, call our office and we will set you up with a free consultation with one of our attorneys. Also, check out our website to learn more about our firm and team.

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