How to Prove Fault in a Car Accident
Take the Necessary Steps to Prove Driver Negligence
Liability in a car accident is not always black and white; in some cases, it can be difficult to prove that another driver caused your injuries. At Bill Easterly & Associates, our Nashville injury attorneys are dedicated to helping individuals like you fight for the compensation they deserve. We have more than 25 years of legal experience, which means that we know what it takes to win. Don’t let a driver get away with negligence; let us help you seek a full recovery for your injuries.
How is liability determined in a car accident?
Car accident liability, as with most personal injury cases, is primarily governed by the idea of negligence, which means that if the careless or reckless actions of a driver caused an accident, he or she will be responsible for any damages. The concept of negligence has multiple factors that must be proven in order for you to be successful in recovering compensation for your injuries.
Elements of a driver negligence claim include:
- Duty of care – A driver has a duty to drive in a reasonably cautious manner, as to avoid potential to harm other people or property. This means remaining alert and vigilant, obeying all traffic laws and speed limits, yielding to traffic signals and signs, and using turn signals to convey your intentions to other drivers.
- Breach of duty – When a driver acts in a manner that does not adhere to the standards of safe driving, he or she is failing to uphold the duty of care and is, thus, considered negligent.
- Causation – In a negligence claim, it must be found that the driver’s breach of duty, either directly or indirectly, caused your injury. This means that were it not for a driver’s behavior, your injury would never have occurred.
- Damages – Finally, you must prove the extent of your damages. This can include physical damage to your person or your property, emotional damages, or financial damages.
Gather the Evidence
In order to prove that a driver was acting in a negligent manner and caused your injury, it is essential to collect all necessary evidence to supplement your argument. When you work with our team of Nashville personal injury lawyers, we can conduct a thorough investigation into the circumstances of your car accident to help you compile information and testimony in order to build an aggressive case.
Arguments for proving liability include:
- Tennessee State traffic laws – Analyzing the traffic laws of the state can support the argument that the other driver was violating his or her responsibilities. If a law, vehicular code, or rule of the road was broken, referencing these regulations can benefit your case.
- Police reports – While police do not always visit the scene of the accident, when they do, they will write a police report that will include his or her opinion, as well as any facts pertaining to clear violations of the law. If the report contains any indication that the other driver was acting carelessly or recklessly, this report can be used as testimony.
- Witness testimony – In addition to police reports, other bystanders and passengers can also provide testimony as to their own opinion of events. Having third parties affirm the fault of the other driver can reinforce your argument.
- “No- doubt” cases – Certain accidents assign automatic fault to one driver. These include rear-end accidents and left-turn accidents. In the former, the driver that rear-ended another vehicle is nearly always determined to be at fault; in the latter, liability is nearly always found with the driver who made the left turn.
Hire a Dedicated, Aggressive Lawyer
Having the representation of a knowledgeable and experienced personal injury lawyer in your corner is essential in a car accident case, especially in cases where liability is not obvious. At Bill Easterly & Associates, we can be aggressive advocates to help you prove that another driver caused your injury through negligent or reckless driving. We want to help you seek the justice that you deserve so that you can begin recovering without unnecessary financial burdens.
Contact us today; we’ll evaluate your case for free to help you get started!