According to the Virginia Highway Safety Office, in 2021 an average of 161 people per day were injured due to traffic crashes in Virginia alone. So how is it proven that the defendant driver is responsible for the injuries? Causation is key.
One of the most important elements of an injury claim is causation. Causation is a legal term, often focused on “proximate cause”, which refers to whether the actions or omissions by the defendant caused or contributed to the incident, damage, or injury. The plaintiff must provide sufficient evidence proving that the defendant’s violation or conduct resulted in the incident and injuries to the plaintiff.
When determining causation in a personal injury action, Virginia Model Jury Instruction 5.000 defines proximate cause as:
“A proximate cause of an accident, injury, or damage is a cause which, in natural and continuous sequence, produces the accident, injury, or damage. It is a cause without which the accident, injury, or damage would not have occurred.”
So, what does that mean in plain English? It is an action that sets a sequence of events in motion and has foreseeable consequences (injury). If this action would not have occurred, then the plaintiff would not have been injured.
For example, if a truck driver runs a red light and hits an oncoming car, then the truck driver’s failure to stop would be the proximate cause of the crash and the injury to the over driver.
Our team at ReidGoodwin is knowledgeable and experienced in personal injury and workers’ compensation matters. If you or anyone you know has any questions or a potential case, call our office to schedule a free consultation with one of our attorneys.