Getting injured in a car accident can be an unpleasant experience. Depending on the extent and severity of your injuries, you may have to deal with physical, mental, and financial consequences. This is where filing a personal injury claim enters the picture. It refers to a civil action designed to help injured victims hold the at-fault party responsible for the accident and, in turn, get compensated for their injuries.
However, aiming for a favorable result for your injury claim is never easy because you need to establish the liability of the alleged at-fault driver before receiving the compensation you need. This means proving that the other driver involved in the accident was at fault through the elements of negligence.
Generally, a driver can be held liable for a car accident by showing that they’re required by law to be careful, but they failed to do so. As a result, their negligent actions caused injuries to the injured victim, which led to some significant damages. That said, it’s essential to determine the best ways to prove these elements of negligence to be entitled to compensation.
Continue reading this article to learn the four simple methods of proving fault in a car accident.
1. Hiring a Lawyer
Since a car accident is one of the reasons for filing a personal injury case, having a lawyer at your side is crucial when proving the other driver’s fault. They can be of great help since they’re familiar with Florida personal injury law or wherever you may be. They also know precisely how court processes work, which is why they can provide you with solid legal representation in court.
Also, given their experience, expertise, and skills, they know what pieces of evidence are needed to successfully prove the negligence of the at-fault party. For example, they can ask some expert witnesses like doctors to provide testimonies to support your claim. They can also help build your case to increase your odds of receiving full compensation for your injuries.
2. Taking Photos or Surveillance Footage of the Accident Scene
This is another simple method of establishing the other driver’s liability in a car accident. In most cases, taking photographs or surveillance footage of the accident scene can be essential because they serve as evidence in the event the other party alleged it was your fault. For example, if you have photos from different angles of the scene or video footage, you can prove that it was a rear-end accident or a left-turn collision. These can be considered some of the common types of accidents on the road.
If another vehicle hits your car from behind, it’s more likely determined that the other driver was at fault for the accident and the injuries you’ve sustained. Besides, it’s a well-settled rule of the road that you should provide enough distance in front of your car if the vehicle in front of you suddenly brakes. On the other hand, you can also use left-turn collisions to demonstrate the other party’s negligence since a driver who takes the left turn will be more likely at fault.
3. Obtaining Police Reports
You may also prove fault in a car accident by submitting a copy of the police report. Generally, police reports are written official records from a police officer who responded to the accident scene after a car collision happened.
In addition, they contain certain information that could demonstrate the other party’s liability, including the police officer’s findings about how the accident occurred, the testimonies of the parties involved, and further details that could benefit your case.
3. Determining Traffic Law Violations
Proving fault in a vehicular accident can also be done by knowing the traffic laws violated by the other driver. When you can prove that the other party broke traffic laws, there’s a high chance the court will issue a judgment in your favor and, therefore, obtain the compensation you need. Some common traffic violations that may cause vehicular accidents include failing to yield, running a red light or stop sign, and speeding.
Hence, if you believe the accident happened because the other driver violated a specific traffic law, you can use it as evidence to establish their liability. But to increase your chances of success, make sure to include all the crucial details as much as possible when talking to the police officers investigating the accident. You can also take down notes so you’ll have a record of what happened.
Dealing with injuries following a car accident can be a frustrating experience. Aside from your physical healing and recovery, you also need to pay attention to the financial impact of the collision. In that case, you can file a personal injury claim to get the compensation that will cover your economic and non-economic damages.
However, seeking compensation can also succeed if you can prove the other party’s liability. Fortunately, proving fault doesn’t need to be complicated as long as you keep the information mentioned above in mind. Remember, you only have a chance of getting compensation for a car accident. Hence, don’t miss that chance by familiarizing yourself with the standard methods for establishing the other driver’s liability.