After a crash, figuring out who is at fault is rarely straightforward, especially when the story is different from each side. This determination is important because it’s how insurance companies, lawyers, and courts decide who should pay damages and how much they should be. If you’re a victim, understanding this process can help you protect your rights and build a strong claim, which is essential for getting the compensation you deserve.
Contact a car accident lawyer in St. Louis today for a free consultation.
Understanding The Elements of Negligence
To win a car accident claim, you have to prove that someone else’s negligence caused the accident. This means showing the following four elements:
Duty of Care
You first need to show that the person you are blaming for the accident owed you a duty of care. This essentially means they had a responsibility to behave in a manner that would keep others around them safe. Everyone driving on the road has a duty to the other vehicles and pedestrians who are also using the road.
They must obey traffic signals, not drive intoxicated, keep their eyes on the road, and just generally not break traffic laws. Sometimes the person you’re blaming isn’t another driver, but is a government entity or construction company. This changes the situation slightly, but this element is usually easy to prove.
Breach of Duty
After proving that duty, next comes showing how the other party broke the rules. Maybe they ran a red light or were driving drunk. Even just daydreaming and not paying attention to the road could qualify as a breach of duty.
Causation
Breaching the duty of care alone isn’t enough to prove negligence. This violation has to actually cause the accident that led to your injuries. So, if the driver ran a stop sign but that isn’t what caused your accident, you won’t have a successful claim against them.
Damages
Even if laws were broken and you feel shaken up, a case won’t be successful unless you have actual damages. This usually includes medical bills, car repairs, surgery, physical therapy, missed income from time off work, and pain and suffering. Without real harm, there’s nothing for you to recover in a case.
Evidence Used to Prove Liability After a Car Accident
Now that you have a better idea of what it means to be negligent, it’s helpful to understand what evidence is used to actually prove this. Your lawyer will gather the following to make your case:
Police Report
This is where most investigations start. Officers usually create an objective account of what happened, detailing where the accident occurred, when, who was involved, what they observed when they got to the scene, and sometimes their opinion of who was at fault. Many police reports include witness information and a diagram of how the officer thinks the accident happened as well.
Physical Evidence and Photos
Skid marks, debris patterns, deployed airbags, dents, or damaged guardrails can all be used to show how the accident happened. Taking photos of all of these things can help prove your case. It’s also helpful to make sure you have pictures of any injuries you sustained.
Witness Statements
When a third party sees the accident, they can explain what they saw and how they believe it occurred. This can be helpful for your case if what they’re saying backs up your version of the accident. The more unbiased they are, the better it is for your claim. This is especially important when the other party or the insurance company is disputing fault.
Surveillance or Dash-Cam Footage
Accidents near businesses or street cameras might be caught on video, which can clearly show what happened. Dashcam footage is also available at times. This type of evidence is much more objective than a personal account of what occurred, leaving little room for insurance companies to challenge what happened.
Medical Records
A large part of your case is what injuries you suffered, as this determines the damages you’re entitled to. The best way to show this is to provide medical records of your injuries. In addition to your actual injuries, doctor’s notes or expert testimony can be used to explain how your injuries occurred and why it’s likely that they happened due to the accident you were involved in.
Having strong evidence turns your version of events into an objective, successful claim for compensation. If you need help getting started, contact us today to schedule a free consultation with a St. Louis personal injury lawyer.