How Does Proximate Cause Work In Personal Injury Cases?

Establishing who’s at fault is an essential part of any personal injury case. While some cases have cut-and-dry evidence that directly points to one person, others rely on concepts like proximate cause to determine liability and see if you can recover damages. If you’re filing a claim, learn more about how courts determine proximate cause and how it can affect your case’s outcome.

What Is Proximate Cause In Personal Injury Cases?

Proximate cause refers to the main reason why an accident leads to damages. To determine the proximate cause in your case, you need to go beyond the causation itself and show precisely how the other party’s negligent actions contributed to your injuries. If the court agrees with your reasoning, they could hold the defendant responsible for damages.

Examples Of Proximate Cause In Action

To give you an example of how the concept works, here are two common cases where it can take place:

Car Accidents

Let’s say you got into a car accident over the weekend. You were driving, and the person behind you was tailgating you aggressively. As you approach the red light, you slow down, but the tailgating vehicle can’t brake in time and crashes into your car. In this case, the court could argue that the defendant’s tailgating was the proximate cause for the accident and injuries you received.

Slip And Fall Incidents

In this scenario, a store owner recently cleans up a spill but doesn’t warn customers about the slippery floor. You don’t realize the slippery spot, fall on your arm, and fracture it. In this case, the store owner’s negligence in warning you about the slippery floor is the proximate cause of your damages.

Does Foreseeability Affect Proximate Cause?

Foreseeability is one of the most important factors that could make or break your argument in court. It refers to whether the person who caused your injuries should’ve reasonably acted differently to prevent harming someone else. If courts determine that the harm was foreseeable, it’ll be much easier for you and your lawyer to establish a proximate cause.

How To Determine Proximate Cause

Courts can use two main tests to determine proximate cause depending on the case and state you live in:

“But For” Test

The “but for” test determines whether the injury would’ve happened if the defendant acted appropriately. If the injury hadn’t happened without the other person’s actions, you can establish a proximate cause and seek compensation for your injuries.

For example, if you tripped and fell in front of a house due to the homeowner failing to clean a sidewalk after a blizzard, the “but for” test would apply. You wouldn’t have been hurt if the homeowner had maintained their sidewalk and kept the area safe.

“Substantial Cause” Test

A “substantial cause” test is when more than one factor could’ve caused the accident. Unlike the “but for” test, this test whether the other person’s actions directly caused the injury despite other others involved.

For instance, if you were involved in a multi-car accident and someone crashed into you, the driver who hit your car would be the “substantial cause” for your injuries, even if there were multiple drivers present. 

Our Legal Experts Are Here To Help

Proving a proximate cause is one of the most challenging parts of a case. If you’ve recently been involved in an accident and are unsure of your next steps, our New York personal injury lawyers are ready to assist you. We’ll guide you through the legal process, protect your rights, and ensure you receive the benefits you deserve. Please complete our online form or give us a call at (866) 506-3694 to schedule a free consultation today.