Serving How to Prove Negligence in an Auto Accident
Each year, there are more than 6 million car accidents, resulting in 2.3 million injuries in the United States. A collision can result in devastating injuries, which can impact your ability to work, go to the grocery store, and take care of your family, all while medical bills are piling up. Even though an accident may seem straightforward, you will need to supply convincing evidence to demonstrate the other party’s liability. At The Law Office of Brad C. Richardson, we are devoted to helping accident victims access the financial resources they need to fully heal.
In this blog, our Conway motor vehicle accident lawyer discusses ways to prove negligence in an auto accident to successfully win your case.
Establishing Negligence
To recover compensation in a motor vehicle accident, you will need to establish that the other driver was negligent, acting with less than reasonable care and thereby causing your injuries.
Negligence in an auto accident can be broken down as follows:
- Duty of care: Every road user has a duty to follow traffic regulations.
- Breach of duty: Either through an act or omission, the defendant (the at-fault driver) failed to meet his or her duty to you.
- Causation: The plaintiff (you) must establish a causal relationship between the defendant’s actions and your injuries. Causation consists of cause-in-fact (the defendant’s actions resulted in a chain reaction that caused the accident) and proximate cause (your injuries were a foreseeable consequence of the defendant’s actions).
- Damages: As a result of your injuries, you have suffered measurable losses in the form of lost income, medical expenses, and pain and suffering.
Obtain a Police Report
In accordance with SC Code §56-5-1260, you are required to call law enforcement if there are any injuries, fatalities, or over $1,000 in property damage. The police officer who arrives on the scene will take down a report of the incident, which will detail the following:
- Date, time, and location of the accident
- The full names and contact information of all parties involved
- A description of the vehicles involved
- Road and weather conditions
- A diagram of the accident
- If anyone was injured
- Who the officer believes is at fault
This report is almost always requested by insurance companies when filing a claim. It provides an impartial perspective on the accident, allowing fault to be determined and compensation to be distributed accordingly.
Take Photos
First and foremost, check for injuries. If you are injured and in a safe place, stay out and wait for first responders to arrive; if you need to move to a safe place, get out of the vehicle and find a safe place near the scene to sit down and wait on first responders. Once you have checked yourself for injuries, assuming you have minimal injuries, and move your vehicle to the side of the road and then you should take pictures of the scene of the accident. Snapping photos of the final resting position of the cars, any nearby intersections or landmarks, and your own injuries can go a long way. Keep in mind that cuts and bruises heal in a few days, so getting pictures right away will demonstrate the severity of your injuries.
Get the Names of Any Eyewitnesses
Again, assuming you do not have serious injuries, look and see if any bystanders or other drivers saw the accident, ask if you could take down their names, phone numbers, and e-mails. Having potential witness contact information may come in handy if you need someone to testify on your behalf. An impartial party that supports your version of events may just be the assistance you need to settle your claim.
Injured? Contact Our Conway Motor Vehicle Accident Attorney
A crash can happen in a split second, changing your life permanently. If you or a loved one have recently been impacted by another driver’s negligence, our Conway motor vehicle accident lawyer is ready to go to work for you. With over 20 years of experience serving Conway and the surrounding communities, you can rest at ease placing your trust in our hands. To learn the worth of your accident case, contact us online or give us a call to arrange your consultation.