Proximate Cause Vs. Actual Cause: What Is The Main Difference?
Were you the victim of an accident and filing a personal injury claim? Proving who caused your injuries is essential to getting compensation for damages. But doing this may not be as simple as you think. In personal injury law, the plaintiff can prove liability through two ways: proximate cause and actual cause. This post will describe each one and explain how these concepts can impact your case.
What Is Actual Cause In Personal Injury Cases?
Also known as “cause in fact,” actual cause focuses on the main reason behind your injuries. In other words, the accident wouldn’t have happened “but-for” the other party’s actions. Actual cause is generally easy to determine, especially if you have an open-and-shut case.
To give you an example of actual cause in action, say you’re at a store and the owner mopped the floor before you came in. Instead of closing off the area or putting a “wet floor” sign, they put away their cleaning supplies and return to work. A few minutes later, you fall and break your leg. In this case, the store owner’s failure to warn customers about the slippery floor caused you to fall and get injured.
What Is Proximate Cause?
Proximate cause goes beyond the immediate cause of the accident. Unlike the actual cause, all parties need to agree on the proximate cause of an accident. This involves investigating the accident’s details and showing the court that that accident wouldn’t have happened without the liable party’s actions (proximate cause).
For example, say you slipped and hurt your back on an icy sidewalk. As you were walking, you noticed the homeowner put ice melt on other parts of their home except for the sidewalk. In this case, the court may argue that the homeowner’s negligence in ignoring the sidewalk was the proximate cause of the accident and your injuries.
The Main Difference Between Proximate And Actual Cause
While both causes seem similar, there are key differences to each of them in personal injury cases. Actual cause is solely focused on the immediate cause of the accident. However, some personal injury cases are too complex to rely on that alone, which is where proximate cause would come in. This concept forces all parties to look at the chain of events that led to the accident in the first place.
For example, if the defendant crashed into your car from behind due to tailgating, you could say that this action directly caused the accident. But what if a nearby pedestrian got hit by debris? Proximate cause would determine if the original collision was a substantial factor in their injuries.
Start Your Personal Injury Claim Today
Understanding how an accident happened plays a huge role in determining who receives compensation. If you’ve recently been the victim of an accident, our New York personal injury lawyers are here to help. We’ll review your case’s details, hold the other party responsible for their actions, and seek justice for your injuries. Please contact us online or at (866) 576-0484 to schedule a free consultation today.