Were you hurt in a bad accident in Kansas City? You have the right to hold the at-fault party legally responsible. A successful personal injury claim often hinges on proving that the defendant’s negligence—unsafe actions or inactions—was the proximate cause of your accident. Without legal causation, there is no liability. Here, our Kansas City personal injury lawyer provides a more comprehensive overview of the term “proximate cause” in personal injury claims.
Proximate Cause: Defined
As explained in a comprehensive research paper from a scholar at the University of Chicago Law Review, the term proximate cause is better understood as a “legal cause.” It refers to a material cause that sets off a chain of events leading to harm—without which the injury would not have occurred. Courts typically analyze proximate cause to determine if the harm was a reasonably foreseeable consequence of the defendant’s negligence
Understanding Proximate Cause Through an Example
To best understand the concept of proximate cause, it is useful to consider an example. Imagine you were involved in a collision with another vehicle at an intersection in Kansas City. Here is an overview of what is (and what is not) a proximate cause:
- Proximate Cause: If the other driver ran a red light and hit your vehicle while you were lawfully in the intersection, that is a proximate cause of the crash. It is legal causation—without that negligence, the accident would not have occurred.
- Remote Cause: Imagine that you were only traveling through that intersection because your friend called you for a ride. While that technically was the reason you were there, it is not a proximate cause of the crash. The other driver running the red light is not something your friend could have reasonably foreseen. As such, your friend’s request for a ride is a remote cause. It is a non-legal cause.
There Can Be More than One Proximate Cause of an Accident
It would be a mistake to refer to a proximate cause solely as a “primary cause.” The reason is that there can be more than one proximate cause of an accident. If two or more negligent actions contributed to the harm, each party can be held accountable for their share of the blame.
Every Serious Accident Should Be Thoroughly Investigated
Why is proximate cause so important? Causation is a required element of a negligence claim in both Missouri and Kansas. In other words, to hold a defendant legally liable for an injury that happened in Kansas City, you must prove that their negligence was the proximate cause (legal cause) of your accident. To prove causation, injured victims need compelling evidence. Your accident should be proactively and thoroughly investigated by an experienced Kansas City personal injury lawyer.
Set Up a Free Case Review With an Experienced Kansas City Personal Injury Lawyer Today
At House Law LLC, our Kansas City personal injury attorney is standing by, ready to protect your rights. If you have any questions about proximate cause and personal injury cases, we can help. Call us now or contact us online to set up your free, no-obligation case evaluation. We represent injured victims in Kansas City, including throughout the wider region in Missouri and Kansas.
Tags: brain injury, personal injury, traumatic brain injury
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