If you’re injured in a personal injury accident, you could recover compensation from the at-fault party if you can prove they caused your accident or injury. Causation is an essential element you must prove in a personal injury case. You may also need to defend against claims from the at-fault party that there was an intervening or superseding cause that protects them from liability.
An experienced Harrisburg personal injury attorney will help you build a strong case and fight any defenses the at-fault party presents. Let’s look at superseding and intervening causes in more detail below.
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What’s An Intervening Cause?
An intervening cause is an event that occurs after the defendant’s action that caused the accident and also causes the plaintiff harm. It can break that chain of causation between the defendant’s action and the plaintiff’s injury, such that the defendant is no longer liable for the plaintiff’s injuries.
An intervening cause can be an action by a third party, by nature, or by the victim. For example, if a bystander tries to assist after an accident but worsens the victim’s injuries, this could be an intervening cause.
If the defendant proves that an intervening cause resulted in your injuries, it could reduce the defendant’s liability.
What’s a Superseding Cause?
A superseding cause is an event that occurs after the defendant’s action but before that accident. A superseding cause completely cuts off the chain of causation between the defendant’s actions and the plaintiff’s injury.
For example, imagine you were in a car accident when a driver ran a red light. When you get out of your car, you’re struck by a drone that a child is navigating from nearby, and you suffer a head injury. The drone would supersede the defendant’s negligent driving as a cause of your injury.
If the defendant proves that there was a superseding cause, they would not be liable for your injuries.
Causation in Personal Injury Cases
Causation is an essential element in a personal injury case. Most personal injury cases are based on negligence, which requires proving that:
- The defendant owed you a duty of care.
- The defendant breached the duty of care.
- You suffered injuries.
- The defendant’s action(s) was the cause of your injuries.
Causation has two subparts. You must show that the defendant was the actual cause and the proximate cause of your injuries.
Actual Cause
The actual or direct cause means that your injury would not have occurred without the defendant’s actions.
Proximate Cause
The proximate or legal cause means that the plaintiff’s injury was a reasonably foreseeable consequence of the defendant’s actions. Legally, they can be held responsible for the injury.
Intervening and Superseding Causes in Personal Injury Cases
Intervening and superseding causes can significantly alter whether and to what extent a defendant is liable for a victim’s injuries in a personal injury case.
If an intervening cause exists, the defendant may only be responsible for some of your injuries. For example, suppose you’re injured in an accident by a negligent driver, and a well-meaning bystander exacerbates your injuries. In that case, the jury may determine that the negligent driver was 60% at fault and the bystander was 40% at fault. In this case, the defendant may only be liable for 60% of your damages.
If a superseding cause exists, the defendant will not be held responsible. For example, consider our drone accident from above. While the negligent driver’s actions in this example were a direct cause of your injury, the drone accident was a superseding event that cut off liability.
What Should You Do If There Was a Potential Intervening or Superseding Cause In Your Case?
If you suspect the defendant will claim there was an intervening or superseding cause that cuts off their liability, there are steps you can take to protect your interests.
- Be careful when making statements after the accident. Statements you make to witnesses, the defendant, and the insurance company after an accident could be used to hurt your claim. Only state the bare facts and then ask that communications occur through your attorney.
- Record your memory of the accident immediately. Memories can fade quickly, but recording your memory of the events as soon as possible after an accident may help prove your case.
- Contact an experienced personal injury lawyer as soon as possible. An experienced personal injury lawyer will investigate your accident, identify the at-fault parties, and help you seek compensation from the responsible party.
Contact An Experienced Harrisburg Personal Injury Lawyer To Discuss Your Case
If you’ve been injured in an accident in Harrisburg, PA, contact the experienced personal injury lawyers with Marzzacco Niven & Associates today at 717-231-1640 to discuss your next steps. We’ll fight for compensation on your behalf and navigate issues regarding an intervening or superseding cause.