How Do Attorneys Establish Negligence in Car Accident Cases?
Lawyers prove negligence in car accident cases by requesting and reviewing evidence from as many different sources as possible. This allows them to reconstruct what happened, identify the liable parties, and enable their clients to pursue fair compensation.
Hiring a car accident lawyer makes it much easier for you to prove your case without taking too much time away from your recovery.
Collecting Evidence to Prove Negligence After a Car Accident
Once you hire a personal injury attorney, they will act fast to preserve all evidence while it is still available. Fort Lauderdale car accident Lawyers have many strategies for proving liability, including:
- Asking the police to send them a copy of their report once they finish investigating the crash
- Asking your permission to review your medical records and then requesting a copy of those records from your doctor
- Locating witnesses and interviewing them about what they remember
- Contacting experts, such as mechanics or accident reconstruction specialists, to get statements from them regarding the crash
- Reviewing any materials you gathered to document the crash, such as photos of the scene or witness contact information
Gathering Car Accident Evidence Early on Can Be Crucial
You have a limited time to prove car accident negligence in your case. There are three reasons for this:
- The statute of limitations: Each state gives car accident survivors a certain, set period of time to start a case. In Florida, for example, plaintiffs get two years, per Florida Statutes § 95.11(4)(a).
- Human fallibility: People tend to remember an event best when it is fresh in their minds. It is, therefore, wise to get witness statements as soon as possible after the crash instead of waiting until memories start to fade.
- The impermanence of evidence: Your car crash may have been caught on tape or documented in paperwork, but even these tangible materials can disappear or degrade over time.
The Elements of Negligence in Car Accidents
Once your attorney collects all of the evidence they can find, they will sort through and analyze it for legal proof of negligence. They will seek to prove the four elements of negligence, which are:
- Duty of care: Duty of care in car accidents takes many forms, including following the speed limit, obeying street signs, and paying full attention to the road. In short, drivers have a responsibility to look out for others’ welfare.
- Breach of duty: Your attorney needs to show that the at-fault driver failed to uphold their duty of care. Perhaps they were drunk or tailgating, or they ran a red light.
- Causation: The evidence must show that the liable party’s negligence led directly to your accident. For example, the driver would not have hit your car if they had not sped through a red light.
- Damages: Finally, you have to connect your injuries and losses with the crash. This is where the testimony of experts can prove useful, as they can state that your injuries were at least as likely as not a result of the accident you are suing for.
Drivers Are Not Negligent in All Car Accident Cases
The above example assumes a situation where the driver who hit you is liable. This is, however, not the case in all crashes. Your attorney’s investigation can figure out if another party, like a faulty car part manufacturer or a local government, is at fault in your case.
Why Determine Negligence in Car Crash Cases?
Now you know how Miami car accident lawyers prove negligence in car accidents, but why do they do so? It is a personal injury law firm’s job to help their clients recover damages from whoever caused their accident. The only way to do this is by building a strong case against the at-fault party.
Compensation for Negligence-Related Car Accidents
Negligence and liability in auto accidents cause far too much unnecessary suffering. You can seek monetary reimbursement for:
- Physical pain and distress from both temporary and permanent injuries
- Reduced quality of life if you can no longer maintain the lifestyle you once enjoyed
- Emotional distress and mental health symptoms that interfere with your life and wellbeing
- Financial losses, especially the cost of receiving medical care for your physical and psychological injuries
Getting Justice After a Car Accident
Car accident injuries happen far too often. Florida alone saw over 229,000 such injuries in 2022, per Florida Highway Safety and Motor Vehicles (FLHSMV).
You and your family deserve the chance to hold the liable party accountable. You also deserve the peace of mind that comes with knowing the party who hurt you has paid for their actions. A personal injury attorney can help you accomplish this.
We Can Help Prove Negligence in Your Car Accident Case
Want to know more about how lawyers prove negligence in car accident cases? Call the Law Offices of Wolf & Pravato at (954) 633-8270. We offer all callers a free case review, and we provide all clients with the responsive, attentive support they need after such a traumatizing event.