Driver Negligence: How to Prove It After a Wreck

Negligent Driver Caused Accidents

Proving driver negligence after a car crash is critical to securing compensation for damages.

Drivers that don't meet the standard of reasonable care and who cause accidents as a result are considered negligent.

This is the basis for making them legally responsible after a car accident.

You deserve to be compensated for your injuries when they were caused by another driver's negligent actions.

However, when you file an insurance claim or personal injury lawsuit, you will have to prove it.

After an accident, if you can't prove it, the insurance adjuster will try to reduce what they have to pay or deny responsibility.

Proving driver negligence is not just a legal formality; it is the foundation of any successful car accident claim.

If you or a loved one has been hurt in a collision you feel was caused by the negligence contact the car accident lawyers at Lawsuit Legal for a free legal evaluation now. Car accidents happen, when caused by the careless actions of another driver you should get paid. Let us help you recover the compensation you deserve.

How to Demonstrate Negligence in a Car Accident

You need evidence to demonstrate negligence caused your accident and injuries. Establishing liability based on negligence will require credible evidence. During the investigation, your car accident lawyer will collect and preserve the necessary evidence to establish negligence of the at-fault driver that caused your injuries. Whether for an insurance claim or legal proceedings, credible evidence to support your claims can include the following:

The Police Report

• Police Reports: In most cases ,the police report serves as an official third-party account of the accident and may include the officer's assessment of what happened. It typically documents information about the involved parties, collected witness statements, and if any drivers were issued citations for traffic violations. The report can serve as strong evidence in a personal injury claim and court and is one of the most critical pieces of evidence in the aftermath of a car accident.

Photographs and Videos

• Pictures of the Accident: Accident scene photos can be especially compelling evidence documenting road conditions, potential hazards, the position of the vehicles, and skid marks. In addition to supporting your claims of what happened, pictures taken at the scene can document the severity of impact and extent of injuries, which can help support subsequent damages claims. In some cases, photos of open alcohol containers or other physical evidence of reckless behavior can help establish negligence claims.
• Dashcam Video: Dashcam video footage can be very helpful when it records the moments leading up to the crash and clearly shows what happened from the victims perspective. Dashcam video can help protect you from it becoming a he-said she-said dispute when a motorist contests your version of events. These videos can clearly demonstrate the sequence of events and behavior that led up to the collision event. It's difficult for an insurance adjuster to counter clear video evidence of what happened in an effort to avoid responsibility.
• Traffic Cameras: Commonly available at intersections, traffic camera footage may be available to provide an indisputable account of the incident. The caputured recording can provide strong evidence in support of your claims and help provide a record of what happened.
• Ringcam Video: Ringcams regularly record footage and capture motor vehicle collisions within their field of view. Ringcam video evidence can provide a clear, unbiased footage of the events in accident cases. Unintentional recordings of the events has been the decisive factor helping injured victims obtain compensation in several recent cases.
• Security Cam Video: Security camera footage can be used as evidence documenting critical details establishing fault. CCTV footage from a nearby business can capture whether a driver was speeding, ran a red light, or failed to yield the right of way. In the best case scenarios, it can provide a real-time record of what happened in the events leading up to, during, and after the accident.

Eyewitness Testimony

• Witnesses to the Accident: If your physical condition allows, you should always collect the contact information of any people who witnessed your accident. Independent witnesses can provide an important third-party account of the events leading up to the accident and describe what they witnessed. In cases where the details of the accident are contested, testimony from witnesses can be critical to strengthen your case.

Cellphone Records

A driver's mobile phone records may be used to show they were behaving negligently at the time of the accident. In some cases location tracking can be used as evidence they were speeding at the time of the crash. It's common practice to use accident-related timestamps of texts to demonstrate the driver was texting and therefor distracted at the time of the crash. In a recent truck accident case example, the driver was shown to be watching videos at the time of the wreck.

Black Box Data

Many modern vehicles now record data such as the vehicle's speed, braking, and steering inputs leading up to a crash. The information recovered from the Event Data Recorders (EDRs) can provide pivotal evidence of the driver's actions prior to the accident and help demonstrate a negligence claim.

Traffic Law Violations

In a majority of cases a violation of the traffic laws by a motorist will be used demonstrate negligence. When drivers break the driving laws it's considered a form of negligence.

• Exceeding Speed Limits: Driving above the posted speed limit impacts the driver's ability to react safely or avoid collisions. Additionally, excessive speeds increase the severity of any collision and potentially injure victims more severely than if they were driving slower.
• Driving Too Fast in Hazardous Conditions: The legal speed limit may not account for driving conditions affecting safety. Driving too fast in adverse weather conditions (rain, snow, fog) or heavy traffic can be considered a breach of the duty of care to other drivers when it causes an accident.
• Driving Too Fast in Hazardous Conditions: The legal speed limit may not account for driving conditions affecting safety. Driving too fast in adverse weather conditions (rain, snow, fog) or heavy traffic can be considered a breach of the duty of care to other drivers when it causes an accident.
• Failing to Yield the Right of Way: Motorists who don't yield to pedestrians in crosswalks or for drivers who have the right of way at intersections or when making turns are acting negligently. Failing to yield at stops, when turning left, or merging can lead to serious accidents.
• Illegal Maneuvers: Reckless U-turns in unsafe locations or where prohibited or where visibility is limited can give rise to negligence in a wreck. Illegal U-turns cause t-bone accidents and can be especially risky in busy traffic. Brake checking is another dangerous and illegal maneuver in most locations that can cause rear-end collisions. Improper passing in no-passing zones or sections of road where prohibited can also have disastrous consequences.
• Driving the Wrong Way: It's easy to understand how driving the wrong way on a road or highway can lead to devastating accidents. Driving the wrong way on a one-way street, highway ramp, or in the wrong direction in a traffic lane is illegal and causes head-on collisions. It's among the most deadly types of car accidents because of the forces involved when the vehicles strike.
• Failure to Signal: Not using a turn signal before merging or turning can be considered a negligent act. In most states, failing to signal is a moving violation. Improper lane changes and not signaling can result in unsafe road conditions and expose the driver to liability in a civil claim.

Accident Reconstruction Data

In some cases, hiring an accident reconstruction expert will be used to help recreate what happened. The reconstructionist uses photos of the physical evidence to perform calculations to help prove what happened. The length of skid marks can be used to prove the vehicle speeds and behavior of the vehicles after impact. Car accident cases involving severe injuries can be high stakes, and your legal team will get help from experts who can tell a clear story of what happened based upon the physical evidence.

Vehicle Damage

The damage to the vehicles that crashed can provide evidence of what happened. The location of impact on the vehicles can be used to illustrate who hit whom and where. When two or more vehicles collid,e the strike locations tell a story of what happened for the right expert. In some cases, it can be as simple as proving that you were rear-ended. In others, the details may play a pivotal role in the legal proceedings to follow.

 

What Qualifies As Negligence In An Auto Accident Case?

Typically, securing compensation for damages in a car accident case hinges upon establishing the parts of negligence. The four elements of a negligence claim consist of:

• Duty of Care: All drivers are expected to operate their vehicles responsibly and owe a duty of care for the safety of other motorists and pedestrians on the road.
• Breach of Duty: You must demonstrate the driver breached that duty.
• Causation: You must show that this breach caused the accident.
• Damages: The accident must have caused damages to the victim, which may include medical bills, repair costs, lost wages, and pain and suffering.

An experienced personal injury attorney will be able to help during the insurance claim process and with any subsequent legal proceedings. Skilled representation will help you navigate the aspects of the negligence doctrine you face for a successful claim.