Elements of a Negligence Case Involving a Car Accident in Des Moines (Part A)

In order to receive compensation for the injuries you sustained in a car accident in Des Moines, you will need to establish that the other driver was negligent. Negligence is the basis of any car accident claim. To learn if you have a valid claim worth pursuing, Des Moines car accident lawyers should be contacted.

Elements of a Negligence Case

The first element of a negligence case is determining if the other party owed a duty to you. This means there is an expectation that the other driver will act in a certain manner. On the road this would mean the driver operates a vehicle in a safe and cautious manner.

The second element in a negligence case is establishing if there was a breach in the duty owed to you. In other words, if the other driver failed to exercise reasonable care in operating his or her vehicle, this may be considered a breach of duty. 

For example, let’s say you were traveling E. University Avenue, and as you reach Pennsylvania Avenue another car makes a left-hand turn right in front of you. This would be a breach of duty because you had the right of way and the driver failed to yield. This potentially could establish negligence. 

The third element in a negligence case is that as a result of the other driver’s actions, you were injured. To pursue a claim after a car accident in Des Moines, your injuries must be serious enough that it warrants the time and cost. This is where you should contact Des Moines car accident lawyers for help.

Having a lawyer evaluate the details of your case will help you decide if your claim is valid and what types of compensation you may be entitled to receive. When medical bills are significantly high and you are unable to earn a living because of your injuries, this may warrant pursuing a claim against the other driver.


Corey Walker
With over 20 years legal experience, Corey has been recognized for his work as an injury attorney.