Will Personal Injury Lawyer Elmhurst Discuss Intervening And Superseding In Personal Injury Case?

The biggest problem in a personal injury case is to be able to prove with the help of a personal injury lawyer in Elmhurst that the other person was negligent and that negligence led to the mishap. And when it is about proving the same, the plaintiff or the victim needs to prove that some action of the accused led to the accident in question and led to the injuries. In such cases, intervening and superseding causes occur when the actions of a third party or even the nature in some cases also play a role in causing the mishap and result in the liability of the defendant get reduced or even completely wiped off in some incidents.

To understand it better, let us take an example. Let us look at a scenario wherein a person is getting down from a passenger vehicle and gets hit by a car that is getting reversed. While the person can sue the bus company for failing to provide him with a safe disembark, the actions of the car driver would actually reduce the liability of the bus company since the injuries happened due to the actions of the car driver which became a superseding cause of the incident. In such cases, your personal injury attorney in Elmhurst would tell you that while the bus company can also be sued, the fault will ultimately lie more on the car driver due to his superseding actions.

When it comes to intervening causes of an accident, your personal injury lawyer in Elmhurst would be able to explain it as an accident wherein the actions of the defendant have been amplified by the actions of a third party which could even just be nature like a falling branch of a tree. However, the defendant would still be held responsible for the mishap to some degree and this is exactly what differentiates the superseding causes from intervening causes that in superseding cause, the defendant’s liability goes down and can even be negligible while in intervening liability, the same can only be reduced to some extent.

The biggest difference, as it would also be put by the personal injury attorney in Elmhurst, would be that that of foreseeability. If one has to look at an example, we can consider a situation wherein a homeowner has got a tree cut outside his house and left the stump on the sideway of the outside road. If a pedestrian passed from that place and hardly left any space for another pedestrian to pass who happened to get injured by tripping and falling due to the stump, the act of the pedestrian would be intervening while that of the homeowner would be considered as that situation would have been actually foreseeable for the home owner who had left the stump unattended. For more information visit here: Makarone Law Firm