Proving Negligence in a Car Accident Claim

A car accident can potentially destroy your property, your health and your finances. Fortunately, you have the option to file a car accident claim so you can be adequately compensated for all damages. But you have to remember that things aren’t as easy as you might think when it comes to personal injury cases.

If you decide to take legal action against the other driver, you’ll need to prove negligence in order to achieve a positive outcome. The factors needed to do so are unique to each car accident case. Obtaining them and using them in a convincing manner for your claim is going to be difficult, so it would be in your best interests to stay calm and focus on what’s important.

Evidence

Evidence is fundamental when it comes to proving negligence and liability. You’ll have to demonstrate that other people involved in the accident behaved recklessly or carelessly, and that your injuries are a direct result of their actions. It’s important to show a judge or an insurance adjuster how this difficult situation could have been prevented if the other parties exercised the right amount of caution.

Direct Admission

The easiest way to obtain what you need in order to prove who’s responsible for the events that transpired is through the driver’s direct admission. If the at-fault party admits liability for the crash, it means they’re considering themselves responsible for what happened. This will also allow your car accident claim to proceed without obstacles.

Unfortunately, it’s unlikely that the other driver will simply explain how his actions were the cause of the accident. Almost everyone tries to defend themselves and even if they won’t, insurance companies won’t just pay you as quickly as possible. That’s why so many people seek legal counsel after a collision between vehicles.

Testimony from Witnesses

Statements from witnesses can often make the difference when it comes to personal injury cases. If it’s possible, try to always speak with anyone who could have seen exactly what happened and is able to provide an impartial description. The words of a neutral third party are extremely important, especially if your case goes to court.

Medical Records

Seeking medical care immediately after the accident is a wise move that a victim should always consider. Doing so will allow you to obtain a medical report, which contains important details about your injuries, the treatment plan you’ll have to follow, and every other expense you’ll have to face. All of this will be extremely helpful and will make the process of calculating damages easier.

Pictures and Video Evidence

The aftermath of an accident can be chaotic, and it’s a natural reaction to panic or feel overwhelmed, but if you manage to keep your composure and take pictures, you can drastically increase your chances of success once you file a claim. Pictures of the damage and the scene of an accident are often enough.

A recording of the collision is also helpful, as it can show important details and help clear doubts. If your vehicle came with a dashcam equipped or you had one installed when the accident took place, try to recover the footage. Don’t forget that video evidence can also come from a surveillance camera near the scene of a wreck.

Damages

Identifying the driver responsible for what happened might not be enough if you want to receive the maximum amount of compensation. You’ll also need to prove all the damages you suffered as a result of their carelessness.

That includes every expense you had to face, including vehicle repair costs, vehicle replacement costs, multiple doctor appointments, therapy and so on. If your mental health was compromised after the accident, you’ll need to prove how your trauma is interfering with your enjoyment of life and your ability to drive.

Contact Our Car Accident Attorneys Today

With so many things to prove and so many factors to examine, feeling stressed and not knowing how to proceed is normal. But when you’re dealing with insurance companies, being unaware of what comes next can easily leave you with a low settlement offer that you’ll regret accepting in the long run.

When filing a car accident claim, it’s in your best interests to get in touch with an experienced attorney who’s well acquainted with the entire procedure and knows how to defend your case from all the legal intricacies that take place behind the scenes.

Contact a car accident lawyer from Kohan & Bablove Injury Attorneys so you can have a professional figure by your side that will do everything possible to protect your finances, your health, and your rights. Call us for a free case review at 1-844-404-2400 or fill out our contact form below before it’s too late.