How to Establish That the Other Motorist Was at Fault in a Mishap

Proving who is at fault after a car accident is crucial for insurance companies to know where to send the bills. It makes it possible for legal and insurance systems to operate efficiently. However, the mere fact that an accident occurred does not necessarily indicate that someone was at fault. You must be able to establish that the other driver was negligent if you intend to claim any damages.

Hence, you need to understand how to establish that the other motorist owed you a legal duty of care while operating a vehicle. It will help you to portray how the other party's negligence caused damages to you or your motor vehicle.

In instances where it is unclear exactly how an accident occurred or the precise mechanism of the accident, the law might offer a quick way to establish who was at fault or how they were at fault. The law permits an inference that:

The incident would not have happened if the defendant was not negligent;
The defendant was solely responsible for the harm-causing instrument and
No one else could have caused the accident

Examples of possible cases of negligence are:

Drunk and reckless driving
Impaired and distracted driving
Eating, drinking, talking to children, changing the radio, etc., while driving a vehicle

Of course, establishing who is at fault is not the only thing to do. The defendant can offer a plausible alternate explanation for the accident. The defendant must provide a believable and non-negligent explanation for hitting the car. Even without specific evidence of negligence, the jury may consider the defendant.

Why You Need a Car Attorney

If you are involved in a mishap that you did not cause, you have the right to get a lawyer.

“You may assume that everything will work out in your favor since you did not cause an accident, but unfortunately, car accident cases are often complex and require proper legal resources,” says attorney Walter T. Clark Walter Clark Legal Group. “Working with a lawyer can help you prove what you need for proper compensation.”

With the assistance of a car accident attorney, you can institute a lawsuit against the negligent party. The attorney will build a case to support your claim that the other driver caused the accident and is responsible for your damages. A few examples of the damages your attorney can seek are:

Out-of-pocket medical expenses
Current and future medical expenses
Costs of repairing your vehicle
Lost income, if you have been out of active work due to an injury from the accident
Compensations for “pain and suffering” and inconvenience

How a Car Accident Attorney Can Aid Your Case

Your attorney will help you in so many ways. It will be the lawyer's duty to gather evidence to prove that the other driver is at fault. The evidence may include the following:

Medical reports
Witness statements and police reports
CCTV footage
Photographic or video evidence
Observations from the accident scene
Observations from the accident scene and car examination are acceptable forms of evidence

The Attorney Can Then Help you in the Following Ways: