Causation is an element in every negligence claim. If you cannot prove that the defendant caused the plaintiff’s harm, then you will lose your case. In some cases, causation is a straightforward concept that is easy to prove. In other cases, it is much more complicated.
Most people aren’t aware that there are two different parts to causation. The two parts are direct and proximate cause. You must prove each part to prove causation as a whole.
Below we will discuss the different types of causation and how to prove them. We will also discuss some common pitfalls and complexities.
Elements Of Negligence
There are four elements in every negligence claim. You must prove each element by a preponderance of the evidence to win your case. That means that each element is more likely true than not.
The four elements are:
- Duty of care
- Breach of duty
- Causation (direct and proximate cause)
- Damages
Each element, including causation, is critical to your case. If you cannot prove all the elements, then you will lose.
Direct Cause
Direct cause is sometimes called cause-in-fact or actual causation. It is the act that literally caused the accident or harm. Direct cause is easiest to understand by applying a “but for” test.
Using the “but for” test, the question can be asked, “But for the defendant’s actions, would the plaintiff have been harmed?” If the answer is no, then the defendant’s actions are considered a factual cause. The easiest way to understand the “but for” test is to apply it to a car accident case.
Let’s say that a driver (“X”) is texting and driving. While texting, X isn’t paying attention to the road and swerves into the next lane over, hitting another driver (“Y”). Applying the “but for” test, it is clear that but for X’s distracted driving, Y wouldn’t have been hit.
Proximate Cause
Proximate cause is much more complicated than direct cause. Instead of focusing on the immediate and actual cause of the accident, proximate cause focuses on foreseeability. Foreseeability is an important part of causation because we are only responsible for our actions that cause harm that is reasonably foreseeable.
A defendant’s actions are the proximate cause of the plaintiff’s harm if their harm was foreseeable. The defendant does not have to have known or predicted that the harm would occur. Instead, it is enough to show that the outcome was the logical result of the action.
Using the texting and driving example from earlier is helpful to illustrate the proximate cause. Most people know that texting and driving is dangerous because texting is distracting. It increases the likelihood of swerving or getting into an accident. In this example, swerving into another car and causing a crash is a foreseeable result of texting while driving.
This example is very straightforward, but the proximate cause can become more complex. Sometimes, multiple coexisting proximate causes of an accident exist, or a superseding event raises questions about liability.
Multiple Proximate Causes
Multiple people can be liable to one plaintiff.
Take a multi-car pileup, for example. If the car furthest in the back was speeding and hit the middle car, but the middle car was also tailgating and hit the front car, both speeding and tailgating are the proximate causes of the accident.
Superseding Causes And Events
Another requirement for proximate cause is that the action was the unbroken cause of the accident. If there was a superseding cause or event, then it could affect liability.
For example, imagine you are texting and driving and cause an accident. Once you pull over, the other driver gets out of the car. As they get out of the car onto the shoulder, a car hits them, and they are injured.
Even though you were the direct and proximate cause of the initial accident, there was a superseding event that severs your liability for the injuries that happened after they got out of the car. Causation is not a never-ending chain of events.
How Do You Prove Causation?
There are many ways that you can prove causation in a negligence case. You will need to produce enough relevant evidence to show that the defendant is the direct and proximate cause by a preponderance of the evidence.
Common pieces of evidence include:
- Photographs
- Video footage
- Expert testimony
- Witness testimony
- Medical records
- Police reports
A personal injury attorney can help you collect and identify the most valuable evidence in your case. Furthermore, they can help you build a strong negligence claim and prove causation.
Don’t hesitate to contact a St. Louis personal injury attorney from Roach Law Car Accident Lawyers at (636) 519-0085 to get started on your case today.
