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In law and insurance, a proximate cause is an event sufficiently related to an injury that the courts deem the event to be the cause of that injury. There are two types of causation in the law: cause-in-fact, and proximate (or legal) cause. Cause-in-fact is determined by the "but for" test: But for the action, the result would not have happened ...
When two or more negligent parties, where the consequence of their negligence joins to cause damages, in a circumstance where either one of them alone would have caused it anyway, each is deemed to be an "Independent Sufficient Cause," because each could be deemed a "substantial factor," and both are held legally responsible for the damages.
The claimant must prove that the breach of the duty of care caused actionable damage. The test for these purposes is a balance between proximity and remoteness: that there was a factual link between what the defendant did or failed to do, and the loss and damage sustained by the claimant, and
The most common collisions. Most people likely consider car crashes the product of two or more vehicles in motion colliding. However, NHTSA data showed that single-vehicle crashes were the most ...
In most common law jurisdictions, an element of a crime is one of a set of facts that must all be proven to convict a defendant of a crime. Before a court finds a defendant guilty of a criminal offense, the prosecution must present evidence that, even when opposed by any evidence the defense may choose, is credible and sufficient to prove beyond a reasonable doubt that the defendant committed ...
Police study the site where a car crashed. Accident analysis is a process carried out in order to determine the cause or causes of an accident (that can result in single or multiple outcomes) so as to prevent further accidents of a similar kind. It is part of accident investigation or incident investigation .
Regardless of the state you live in, you have at least a year from the date of the crash to file a claim for bodily injury, which can give you time to get medical care and assess injuries that may ...
(c) that, owing to the driving of the vehicle, an accident occurred by which damage was caused to any property, other than the vehicle; (d) that damage was caused to the vehicle. There are two offences: under section 12A(2)(b) where an accident results in the death of another (maximum 14-year sentence), and the less serious version under the ...