What Is Proximate Cause?

Proximate cause is one of the most complex yet essential aspects of personal injury law. It plays a critical role in determining fault and assigning responsibility for damages caused by an accident. In many personal injury cases, accidents occur due to a chain of events involving multiple parties. Proximate cause allows us to pinpoint the actions that led to the injury, even if the responsible party did not directly inflict harm.

When you file a personal injury claim, you are essentially stating, “I was injured because of what you did (or didn’t do).” Proving this “because” is crucial to winning your case. Proximate cause helps identify the correct cause of damages, ensuring that the right party is held accountable.

How Does the Law Define Proximate Cause?

Proximate cause refers to an action within a chain of events that was critical to the final outcome of an injury but was not directly responsible for the harm itself. This concept often arises when one party’s actions indirectly cause another party to inflict damages. Without the initial action, the resulting injuries may not have occurred or would have been significantly less severe.

How Does the Law Determine Fault?

To determine fault, the law considers two main types of cause:

• Cause in Fact: This is the direct action that caused the injury. For example, if a driver runs a stop sign and hits another vehicle, running the stop sign is the “cause in fact” of the accident.
• Proximate Cause: This involves determining whether the responsible party could have foreseen that their actions might lead to an injury. In the case of running a stop sign, the driver should have known that this illegal action could result in an accident.

For a personal injury claim to succeed, your attorney must prove that the defendant’s actions (or lack of action) were both the cause in fact and the proximate cause of your injury.

How Courts Determine Proximate Cause

Courts typically use two tests to establish proximate cause:

• The “But For” Test: This test examines whether the injury would have occurred “but for” the defendant’s actions. For example, if a reckless driver hits a truck carrying illegal explosives, which then detonate and harm bystanders, the reckless driver’s actions may not be considered the proximate cause of the bystanders’ injuries.
• The “Substantial Factor” Test: This test determines whether the defendant’s actions were a significant factor in causing the damages. For instance, if a drunk driver crashes and causes another vehicle to swerve into pedestrians, the drunk driver’s actions are a substantial factor in the pedestrian injuries.

Why Does Proximate Cause Matter?

Proximate cause is essential in narrowing down who can be held responsible for an injury. It prevents frivolous claims by ensuring that only those who could reasonably foresee the consequences of their actions are held liable.

For example, if a driver runs a stop sign because they were rushing to work, and their boss had threatened to fire them for being late, the boss cannot be held responsible for the accident. While the boss’s actions may have influenced the driver’s behavior, the driver is ultimately responsible for running the stop sign and causing the accident.

Proximate cause ensures accountability remains with the party whose actions directly or foreseeably led to the injury.

Types of Personal Injury Cases Involving Proximate Cause

Proximate cause plays a role in all personal injury cases, but its importance is especially pronounced in cases where fault is not immediately clear. Some examples include:

• Slip and fall accidents
• Wrongful death cases
• Product liability claims
• Defective drug lawsuits

In cases like these, a skilled attorney can help determine and prove proximate cause to ensure you receive the compensation you deserve.

Need Help with Your Personal Injury Case?

If you have been injured in Connecticut and believe someone else’s actions were responsible, you need an experienced attorney to navigate the complexities of proximate cause and the legal system. At Bert McDowell Injury Law, we are committed to helping you fight for the compensation you deserve.

Don’t wait—contact us today for a free consultation. Call 475-231-3274 or fill out the contact form on our website. Let us help you hold the responsible party accountable and secure the justice you need to move forward.