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Proving fault in a car accident claim can be tricky

by | Sep 23, 2021 | Motor vehicle wrecks

A car accident is a major event that can have devastating consequences on the victim’s life. Your primary concern immediately following a car accident is your safety and how you can you can get your life back on track. This means seeking medical help to take care of your injuries 

Eventually, however, you need to figure out how to recover compensation from the at-fault party — but how do you prove another driver was negligent?

Proving fault following a car accident

Basically, fault or negligence refers to any act that the defendant should have either taken or avoided but didn’t. While driving, a motorist can engage in a number of acts that amount to negligence. These include:

  • Speeding beyond the stipulated limits
  • Failing to yield or give way
  • Driving through red lights or stop signs
  • Driving while intoxicated
  • Operating a cellphone or engaging in other distractive activities while driving
  • Driving recklessly

In situations where the car accident is contested, the accident victim, together with their legal representative, can rely on physical evidence, police reports and eye witness accounts to prove negligence. 

For instance, a lack of tire tracks on the asphalt can be an indication that the driver did not hit their brakes to avoid the accident. This can imply that they were not paying attention to their surroundings while driving. Traffic cameras, for example, can reveal if the other driver ran a red light right before the accident occurred.

Car accidents happen from time to time. However, understanding the legal complexities surrounding fault and negligence can be daunting. Proving that the other party acted in a negligent manner resulting in the accident is the first step in proving liability.