Proximate Cause

A Proximate Cause is a substantial factor of the events which produced the injury.

  • Example : Abe runs a red light and hits Brad, which had a green light, causing injury to Brad.  Abe had a duty to not run the red light, and his actions in doing so directly (and therefore, proximately) caused injuries to Brad.
  • Example : A distracted driver, Lucy, crashes into a truck carrying explosives, the explosives explode and kill the truck driver, Mike, Lucy’s distracted driving is a substantial factor in the accident.
  • Example : A distracted driver, Lucy, crashes into a stop sign and, a tractor-trailer driver, Mike, attempts to avoid the site of the accident by turning left, swinging wide such that the portion of the truck strikes and kills a passing pedestrian, Lucy’s actions only incidentally affected the pedestrian’s death, but Mike’s swinging wide turn is a substantial factor in the pedestrian’s death.
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