Determining Negligence in a Car Crash

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Practice Areas: Auto Accident, Trucking Accident, Workers Compensation

If you have been hurt in a car crash, you may be entitled to financial compensation for your injuries and related costs. However, this is only true if you can prove your injuries were caused by another party's negligence. How can you do this?

Take Photos of the Accident Scene

A single photo can tell a judge or jury a lot about what caused a crash. For instance, the lack of skid marks could be evidence that the driver who hit you didn't stop before the collision occurred. If there are skid marks, it could be used to determine how fast the driver was going before he or she did try to stop. If you can find photos documenting the speed limit where the crash occurred or that the driver went through a red light, that could also help your case.

Get a Witness Statement

Statements from witnesses may also help you establish that the other driver was negligent in causing your crash. For instance, if someone else saw a cell phone in the driver's hand or a beer bottle in the car that caused the crash, that witness could bolster your version of events. That witness may also be able to provide details about the car or driver in the event that the driver fled the scene after the accident. A police report may also corroborate your version of events, so it is important to introduce it as evidence in your case.

The Other Driver May Admit Fault

While this is unlikely, the other diver may freely admit that he or she caused the crash that resulted in your injuries. It may then make it easier to come to a settlement in the case and resolve it in a timely manner. This is because the other driver's insurance company may not be able to defend the case or have a harder time doing so. 

What About Comparable Negligence?

If you did anything that could have contributed to your own injuries, a jury could find that you are only entitled to a prorated share of compensation. For instance, if a jury finds that you are 20 percent responsible for the crash, you may only receive 80 percent of what you would have if the other party was completely at fault. As the other party may recognize this, it is important to hire an attorney who can protect your rights and get you as much money as possible.

Nobody plans on getting into an accident. However, if you have been hurt in a crash, you should talk to an attorney right away. He or she may gather evidence that can help your case and make it more likely that you get the money you deserve in a timely manner.
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