Personal Injury Lawyer
When two drivers are involved in a car accident, one of the critical components of the case is establishing fault. In some accidents, this can be fairly cut and dry, such as in a drunk driving crash where the accident was obviously caused by the driver who was under the influence of alcohol. However, in many car accidents, the fault is not obvious. In fact, it is not uncommon for both drivers to blame the other. This is where having a personal injury lawyer advocating for you can be critical to your case.
In order to decide who is at fault for the accident, it must be determined which driver was negligent, thereby causing the crash that resulted in injuries. If the alleged at-fault driver was breaking the law at the time of the crash – such as in a drunk driving accident example mentioned above – then they would be determined to be negligent.
There are other acts of negligence that a driver can engage in that can cause a crash, like texting while driving. Proving a driver was drunk when the crash occurred is usually not difficult because they were likely arrested at the site. But how can a personal injury lawyer prove that a driver was texting when the accident happened and is at fault for the accident? One way a lawyer has to prove a driver was texting is to obtain the driver’s phone records to show that activity was taking place when the accident happened. This information would most likely be strong enough to show the driver engaging in a distracted driving behavior – the texting – and the driver would be held liable for all of the victim’s damages from their injuries.
Sometimes it can be even more difficult to prove fault, but your lawyer has many tools available that will assist in gathering the necessary evidence. One of the things your lawyer can do is to hire an accident reconstructionist specialist to help prove fault.
Some of the tools that can be used include:
- The location of where the vehicles landed after the crash
- The type of damage done to each vehicle
- Damage at the accident site, such as damage to stationary objects, skid marks, etc.
- What type of traffic implements are at the location, i.e., traffic lights, traffic signs, etc.
- The type of road the crash occurred on
- Road and weather conditions at the time of the crash
- All of these factors can be used to determine which driver is at fault.
Contact an Injury Lawyer
If you have been injured in a crash, do not try to deal with the other driver’s insurance company on your own. Let a lawyer negotiate a settlement that will be in your best interest, allowing you to focus on your recovery. Your lawyer will fight to get you the best possible outcome based on the circumstances of your case.
Thanks to our friends at Wandres Law, P.C. for their insight into personal injury lawsuits.