If there is a liability dispute during your car accident case it is important that you understand how you can prove the other driver’s fault and ensure you are awarded the compensation you deserve. Contact a Memphis car accident lawyer to discuss your situation and set up your free consultation today.
How Can I Prove Fault in a Car Accident?
The number one way to prove fault in a car accident is by providing enough evidence to convince a reasonable person that the at-fault driver was negligent or reckless in their actions. Without evidence, your claim is simply your opinion of the event.
Negligence is a legal concept that establishes that an individual owes another person a duty of care and breached that duty by violating a law or acting carelessly. For example, when operating a motor vehicle on public roads, drivers owe other drivers and pedestrians a duty of care to abide by the rules of the road and drive safely. If they violate their duty by speeding, driving under the influence of drugs or alcohol, running a red light, etc. they can be considered negligent. By proving a driver’s negligence you can prove that the accident was their fault. To establish negligence it must be proven that:
- The driver owed the victim a duty of care
- The driver breached the duty of care
- The breach caused the accident to take place
- The accident caused the victim injuries and damages
Negligence per se is also a legal concept that can help you establish fault. Under this concept, proof that the driver violated any rule or regulation is evidence enough of negligence and therefore fault. A presumption of fault can be assumed just by providing evidence that the driver was speeding, driving intoxicated, etc.
What Evidence Can Help Prove Fault?
Any physical or digital evidence can play a huge role in proving the other driver’s fault in an accident. Below is a list of evidence that can contribute to establishing liability.
- Photos of the scene of the accident, vehicles, road conditions, signage, etc.
- The police and accident report
- Eyewitness statements
- Surveillance footage from nearby buildings
- Footage from red light cameras
- Expert testimony from medical professionals or accident reconstruction specialists
- Phone records to prove if an individual was texting or on the phone
- Breathalyzer or blood tests for evidence of alcohol or drugs
Proving fault is important in a car accident to ensure that justice is served and the victim is able to receive compensation for their damages. Reach out to a skilled attorney to learn more about your rights and responsibilities during your car accident case.
