When you suffer an injury in a car accident, you have uncertain chances of legal success. Here, success means getting all the compensation you deserve in either a settlement agreement or jury award.
Your case has no guarantees, and even if you think what happened is clear, you still must prove the other driver’s fault if you want to get paid for your damages. Liability for the accident hangs in the balance until you can prove your case.
Hiring a car accident lawyer will help you in your quest to get a settlement check for your injuries.
A car accident attorney will perform many functions in your case, and one of the early things they will do for you is learn what happened in your accident and gather all available evidence. Then, they will assemble the evidence into a claim or lawsuit complaint, which you will use to seek compensation.
If you do not have legal representation, call a car accident lawyer as soon as possible for your free initial consultation.
You do not have to pay for that first conversation and do not need to write a check. Your lawyer will work for you on a contingency fee basis, meaning all you have to do is sign a representation agreement that states that you will pay your lawyer a percentage of the proceeds of your case should you win.
You do not owe your car accident lawyer any money until that point. If you do not win your case, you will not have to pay your car accident attorney anything for the time they have spent on it.
What You Need to Do in a Car Accident Case
To get full compensation for your case accident injuries, you must prove:
- That the other driver, or a third party, bears liability for your injuries
- The exact nature of the damages that you have suffered
The Role of Negligence in a Car Accident Case
Both parts of a car accident case can present challenges. Before you can even proceed to the damages phase of your case, you must prove someone else’s negligence.
You are not in a position to receive compensation for your injuries solely because the accident happened. Instead, you need to prove that someone else did something wrong and they caused the accident.
The word negligence has a definite meaning in a car accident case, and this legal term is shorthand for the four elements that comprise it.
Specifically, to prove negligence, you must show:
- Someone else owed you a duty of care.
- They did not live up to their duty of care because they did something that an ordinary driver would not have done under the circumstances.
- You suffered an injury.
- You would not have suffered an injury but for the other party's actions.
You Need to Prove Every Part of the Negligence Test
When you prove every element, you can discuss how much you should get in compensation for your injuries. You cannot demonstrate negligence if you fail to prove even one of these elements.
You must carry your burden of proof to demonstrate negligence. Thankfully, the standard of evidence in a civil case is lower than what the prosecutor must prove to win a conviction in a criminal case.
The prosecutor needs to establish the facts beyond a reasonable doubt. In a civil case, however, you must prove your facts by a preponderance of the evidence. This standard means that you have to show that your facts are more likely than not to have happened.
Even though the preponderance of the evidence is less strict than the beyond-a-reasonable-doubt standard, it still means that you need to prove certain things to win your car accident case.
You Need Evidence to Prove Car Accident Negligence
Your word is not enough to prove fault in a car accident case. As persuasive as you think your story is, it will not convince the insurance company to pay you money, and you need to back up your word with evidence.
Several types of evidence help prove fault in a car accident case.
These forms of proof include:
- Witness testimony: Statements and testimony from third parties who saw the accident are often your most effective proof. These people are objective and unbiased and have no incentive to do anything other than tell the truth. If your case goes to a jury, it may find this testimony persuasive.
- Pictures of the accident: Pictures from the scene of the accident can reveal the position of the cars and the angle at which one struck the other. These pictures can tell the story of the accident and can back up some of what you are saying.
- The police report from the accident: People must report nearly every car accident to the authorities. Usually, a police officer comes to the scene and writes an accident report, which may give their opinion about which driver caused the accident. You can use the police report when you file an insurance claim but not in a trial since it is hearsay.
- Video camera footage of the accident: A video camera or a dashcam may have captured the accident or how the other motorist was driving before the crash, and you can use the footage in your case. Your car accident lawyer may check with witnesses who were in the vicinity to see if their dashcam recorded the accident.
What to Do When You Need More Evidence in Your Case
These forms of evidence can demonstrate what happened in the actual accident. The hope is that you will have one or more of these forms of evidence to help prove your case, but after an accident, maybe you couldn’t obtain complete proof.
However, when liability for the crash is a close call, you can still show fault for the accident.
Your car accident attorney may work with an accident reconstruction expert, who can give a professional opinion about the crash. These experts have received training in math and physics principles, and they can recreate the crash to show what happened.
The conclusions of an expert witness can either back up your other forms of proof or become primary evidence if you do not have other documentation.
You may need to rely on an accident reconstruction expert if you have nothing else to help prevail over the other driver.
You May Not Have Obtained Proof at the Accident Scene
You may wonder how and when to gather the evidence you need to prove fault in your car accident case. The best time to get the most possible proof is at the accident scene. However, there are likely limitations in what you can do when you have suffered an injury in a crash.
You may receive medical treatment, or you are not in a condition to take pictures and gather evidence. A car accident is a traumatic event, and you may not have the presence of mind to collect proof at the scene.
When you start to think about filing a claim or lawsuit, you still need evidence, even if you did not get it at the time of the accident. You will have your version of events, but you must assemble the physical case that will entitle you to a settlement check.
You should have this evidence in place before approaching the insurance company with a claim or filing a lawsuit in court.
You Need to Act Quickly to Obtain Car Accident Evidence
Car accident evidence does not have an indefinite shelf life. Proof can begin to disappear or become more challenging to obtain shortly after the car crash.
For example, if you have witnesses who saw the accident, they are eventually more difficult to reach, or their recollections of the crash can fade over time. If you can locate them, their statements are likely less persuasive if too much time has passed after the accident.
Therefore, you must not wait too long before you contact a car accident attorney. Even if you suffered an injury and are feeling preoccupied, you at least need to take time to speak with and hire a car accident lawyer.
One key role that a car accident attorney will perform is to investigate what happened. They know the forms of evidence that you must have to prove your case and how to obtain them.
Your car accident lawyer will perform a quick yet comprehensive investigation that can yield the proof you need to win your case. Waiting too long to get help from a car accident attorney can deal a fatal blow to your case.
The Insurance Company Determines Liability for the Accident
Insurance companies will assess the evidence you present with your claim when determining whether to accept liability for the accident. This proof may persuade them to realize that you have a strong case for a car accident settlement. The insurance company makes this decision as your adversary in the case and the representative of the other driver.
If insurance companies deny your claim because they do not think you have evidence of negligence, it does not mean you have lost the case. You have other ways to get compensation if the insurance company says no, and the same thing goes if it accuses you of misconduct and tries to blame you for the accident.
When you have suffered an injury in a car accident, you are the one who can decide how and when you will seek compensation for your injuries. You can make the responsible driver answer for what they did by filing a lawsuit against them in court.
A jury is the only body that can give you a conclusive no when it comes to car accident compensation, and even then, you can appeal a verdict that goes against you.
When a lawyer represents you in court, they can help gather and present the evidence necessary to prove fault in your car accident case. Their job may include gathering police reports, eyewitness testimonies, and expert opinions. Insurance companies often try to shift blame onto the injured party or downplay the extent of their liability.
A lawyer can thoroughly investigate the accident, uncover evidence supporting your claim, and effectively present it in court.
Hiring a Car Accident Attorney Improves Your Chances of Success
Your odds of success in a car accident case can improve when you hire a determined lawyer to represent you in the claims process. Insurance companies take claimants with lawyers far more seriously than those who try to represent themselves, and you have a far better chance of a favorable outcome.
Hire a car accident attorney as soon as possible. Then, you will learn more about your legal rights and the steps you must take to receive compensation for your injuries.
Proving fault in a car accident case can be a complex process, but with the help of an experienced attorney, you can handle it with confidence. A car accident attorney can guide you through the legal proceedings and protect your rights. They will use their knowledge and experience to gather the necessary evidence, negotiate with insurance companies, and advocate for your best interests.
Remember, you do not have to go through this challenging process alone. By understanding the key steps to prove fault and enlisting the help of a skilled Bronx accident and personal injury lawyer, you can have peace of mind knowing that you are taking the necessary steps to defend your rights and seek the compensation you deserve.
