Personal Injury and Negligence: A Guide to Proving Fault in a Car Accident Lawsuit
There are around six million car accidents every year. With that many auto accidents happening across the country, it’s important that you know what to do in case you’re ever in one.
Being aware of your own driving is only half the battle. Unfortunately, you can’t control how the other drivers on the road are going to perform. Because of this, it’s important that you know how to prove fault in a car accident lawsuit.
Doing so could end up saving you money and legal trouble. Continue reading and we’ll walk you through everything you need to know.
What You Need to Prove
When you’re filing a claim with the insurance company of the negligent driver, you will have the burden of proving your right to compensation for the damage and injuries. In order to prove this liability of the other driver, you’ll have to show a few things.
First, you need to prove that the driver had a responsibility to exercise reasonable caution while driving. Second, you’ll have to show that the driver was being negligent and they didn’t fulfill the duty to perform reasonable care while driving.
You’ll also have to show that the negligence of the driver was the cause of the auto accident. And lastly, that you were physically injured because of the negligence of that driver.
How To Actually Prove Fault In a Car Accident Lawsuit
Even if it’s obvious that the other driver caused the accident, his insurance company may place some blame on you in order to reduce or even deny the claim. Luckily, there are actions you can take in order to strengthen your case.
Immediately after the accident, make sure to take pictures. Take photos of the scene of the accident. You should also take photos of your car, the other driver’s car, and anywhere you might have been injured.
You should also contact the police. Failing to contact the police could greatly weaken your case. And in most states, you’re legally obligated to call the police after a serious accident.
You should also speak with witnesses. You want to get the contact information of any witnesses and a statement from them too about what happened. Neutral witnesses are great tools for helping prove someone’s fault in a car accident.
Lastly, you should retain the services of an auto accident attorney. Your attorney can interview witnesses, collect evidence, and hire experts in different fields to help win your case.
The Importance of Knowing How to Prove Who Was At Fault
Going through a car accident can be a traumatic experience. And it can often be extended when going through a complicated and confusing car accident lawsuit. But by knowing what to do after an accident, and how to protect your rights, you can be better prepared.
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