The Four Factors of Liability

December 29, 2021
By Clawson Fargnoli Utsey, LLC

After a crash occurs, you will most likely need compensation for the damages you sustain — including your vehicle damage and injuries. Holding negligent parties accountable for your damages requires the four factors of liability, and getting a lawyer on your side is vital. Below, we’ll explain the four factors of liability to know.

Duty of Care

Drivers who obtain a license have a duty of care to ensure they keep themselves and others on the road safe. They agree to follow traffic laws, abide by posted speed limits, and consider safety as the top priority. Unfortunately, not everyone is willing to put safety first, and they look out for themselves instead of others.

Breach of Duty of Care

A breach in a person’s duty of care means they have done something that would break a traffic law or otherwise make the driver negligent. For instance, if a driver speeds over the posted limits, they breach their duty of care. They put others at severe risk.


To hold someone else accountable for the damages you sustain, you must show that the other driver’s actions caused the crash. Causation can include actions such as:

  • Texting while driving
  • Drunk driving
  • Tired driving
  • Reckless driving
  • Speeding


Obtaining compensation requires you to show that you suffered damages because of the other person’s negligence. Damages include your physical injuries and vehicle losses. If you suffer injuries, you can pursue compensation for your medical bills, lost wages, and pain and suffering.

Our Charleston car accident attorneys at Clawson Fargnoli Utsey, LLC want to help you understand your rights. We seek to hold negligence accountable when you need it most, going above and beyond to provide you with high-quality legal counsel. Let us be your partners, and we’ll work to obtain justice on your behalf. We don’t back down from insurance companies when they try to protect profits.