Proximate Cause: Definition and Meaning

The term "proximate cause" refers to an active cause that is effective at causing or initiating a series of events that ultimately lead to a specific outcome. The cause that is most active in producing a result is referred to as the proximate cause, regardless of whether it is the first or final cause. The proximate cause is taken into consideration before determining the insurer's obligation.

As a result, the insurer must compensate the insured if a recognized covered risk is the primary cause of a loss. It implies that the insurer is responsible for compensating the insured if the proximate cause of the loss is covered by insurance.

Meaning of the term "proximate cause"

The meaning is as follows −

• The fundamental cause of any loss suffered by the insured is known as the proximate cause, which is the actual or legal reason.

• A defendant was subject to a legal duty or obligation, such as the responsibility drivers have to maintain road safety.

• The defendant did not carry out his legal obligation.

• The harm resulted from the defendant's failure,

• The victim may be compensated for the harm the injuries caused.

There are two distinct forms of causation to consider. Both of the following must be taken into account −

• The accident's real root cause

• The accident's primary reason

This is fairly simple in some circumstances since the same activity serves as both the proximate and real cause. Cause in fact is another name for actual cause. It is the occurrence that was the accident's immediate and direct cause. The movement of this vehicle, for instance, is what actually caused the accident if you were to cross the street while a driver was stopped at a red light and the driver's automobile abruptly entered the intersection and struck you. You wouldn't have been struck if the driver's automobile hadn't sped up and entered the intersection as you were walking.

Proximate Cause: What is It?

The real cause and the proximate cause could be the same or different. Legal cause is another name for proximate cause. It alludes to a root cause or an event that started everything off. The movement of the car is what actually caused the pedestrian crash if it entered an intersection as you were crossing it at a red signal while it was stationary. However, if the automobile that hit you was rear-ended by a big truck that came up behind it and the truck made the car move irrationally into the intersection, then the truck was the real culprit.

If you intend to receive compensation after filing a personal injury claim, you must demonstrate that the defendant's activities were the reason for your harm. States utilize several criteria to determine whether you can establish causality.

Test of "Substantial Factor"

To establish proximate causality, the substantial factor test is frequently utilized. As the name implies, this test examines whether the defendant's acts played a significant role in the development of the harm. Say, for instance, that a driver was speeding and dodging traffic to be on time at a key meeting after their phone alarm didn't go off. You may probably file a personal injury claim and establish proximate cause if the motorist drove into your lane without checking and struck you.

This would indicate that the driver's poor driving was a significant contributing factor in the accident. Although the failure of the alarm to sound was what started the series of events that led to the disaster, you were unable to bring a product responsibility claim against the maker of the phone. This is due to the fact that it wouldn't be regarded as a significant contributing element to the accident.

Testing "But For"

The key question in the "but for" test is whether the incident would have occurred at all if the defendant had not been careless. This test is frequently employed to identify the legitimate or true reason. The defendant may be held responsible for the damage that results if the occurrence would not have happened but for the defendant's actions or inactions. Legal liability cannot be assigned to the defendant if it would have happened otherwise. This test is troublesome because of the last component.

Conclusion

A proximate cause is an incident that is closely related to a harm in law and insurance so that the courts recognize it as the cause of the injury. In the legal system, there are two different sorts of causation: cause-in-fact and proximal (or legal) cause. The "but for" test determines cause-in-fact: The result would not have occurred if the action hadn't been taken. The activity is a prerequisite for the harm, but it might not be a sufficient one.

Frequently Asked Questions

What does exactly proximate Cause define?

To establish that a defendant should be held liable for a personal injury, you must demonstrate a few essential elements. You must demonstrate that

What is a proximate cause example?

The example below can help you understand proximate causality. A man was riding his bicycle to work when a fight broke out in the street, prompting the declaration of a curfew. As a result, the man had to turn around and couldn't get to work. The street riot that prevented the man from going to work in this case is the immediate reason.