In any personal injury case, a plaintiff is required to prove certain elements at trial in order to build a viable case. These elements vary from claim to claim, but any negligence claim must generally involve proof of four basic elements: duty; breach; causation and harm.
Together, these elements essentially involve demonstrating that the defendant failed to abide by a legal duty and that this caused harm to the plaintiff. There are a variety of ways to demonstrate breach of duty in personal injury claims depending on the specific facts of the case. In cases involving commercial drivers, it is important to explore the possibility of regulatory violations as an avenue of establishing breach of duty.