Proximate cause is an important element in negligence lawsuits, but it can also be a requirement in other types of legal actions, like getting restitution under federal law.

Generally, proximate cause refers to actions that are reasonably foreseeable to lead to the injuries suffered by a plaintiff.

So what does proximate cause actually mean?

Actual cause or cause-in-fact is the act or failure to act that without which the harm wouldn’t have occurred. If the injury would not have occurred if an act or omission did not, it is likely to be the actual cause.

So imagine this scenario: A person is speeding down the street and there are warning signs telling drivers to slow down because of uneven pavement. The driver ignores the sign and continues speeding, but he loses control of the vehicle and slams into another car.

The driver’s speeding and failure to abide by the warning signs is the proximate cause of the accident because it is foreseeable that disregarding traffic laws will lead to traffic accidents. On the other hand, if the driver had never left the house that day, the accident would likely not have occurred (the cause-in-fact). The difference between these two causes is one is reasonably foreseeably the cause of a crash, while the other is merely one of many choices in a causal chain leading up to the accident.

What Kind of Cause Is Necessary to Sue?

In a negligence case, plaintiffs need to prove that the defendant was both the actual cause and the proximate cause. In most cases, these elements would be proven by:

Editor’s Note, April 19, 2016: This post was first published in April 2014. It has since been updated.

Related Resources:

  • Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
  • 4 Potential Ways to Prove Employer Negligence (FindLaw’s Injured)
  • Defenses to Negligence Claims (FindLaw)
  • Car v. Pedestrian Accidents: Who’s at Fault? (FindLaw’s Injured)

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