In the aftermath of a car accident, you need to focus on recovering from your injuries or coping with the death of a loved one. Unfortunately, you may also have legal issues to address as well. If another driver was responsible for causing your accident, you can take legal action to make them compensate you, but you must be able to prove fault.
Berry Law can help you to meet your burden of proving another driver was to blame so you can collect compensation for medical bills, lost wages, pain and suffering, emotional distress, and other damages. You should reach out to our Omaha car accident lawyers as soon as possible after your crash so we can begin putting together your case.
You can also read on to learn about proving fault in a car crash claim.
What do you need to prove in a car accident claim?
In order to receive compensation for car accident losses, you must be able to prove:
- The defendant had a duty to you. If you’re pursuing a claim against another driver, their duty is to follow the rules of the road and be reasonably safe. If you’re suing a car manufacturer, their duty is to release a safe product.
- The defendant breached their duty. Usually, this means showing they were negligent, or less careful than a hypothetical average driver would have been under the circumstances. You can also prove a negligent breach of their obligations by showing they violated a safety rule, such as a speed limit law.
- The defendant’s failures caused you harm. Their actions or inactions must have been the direct or proximate cause of the crash occurring.
- You were actually harmed. This means you suffered some type of loss you can be compensated for, like an injury and diminished quality of life.
If you can prove these elements of your case, you should be able to collect payment for medical bills, lost wages, pain and suffering, emotional stress, and other economic and non-financial damages you endured.
In some cases, you can also take action based on other legal theories as well. For example, companies are vicariously liable for the negligent actions of their employees on the job, regardless of whether the company was negligent. So you can pursue a case under vicarious liability rules.
Since there are different legal arguments you can make, it benefits you to get help from an experienced car accident lawyer to help you build a strong case.
How to prove fault in a car accident
Now you know what you must prove, but how can you prove it? The specifics can vary depending on your situation, but you may be able to prove fault with the following types of evidence:
- Eyewitness testimony from people who saw the crash
- Footage from security cameras that were nearby and recorded the crash
- Police reports from the crash scene detailing what occurred
- Toxicology reports that show the other driver was drunk
- Phone records proving driver distraction
- Physical evidence from the crash showing what happened at the scene
- Maintenance logs that show a commercial truck involved in a car wash wasn’t maintained properly
- Driver on duty logs from commercial drivers that show the driver was over the allowable number of hours on duty and may have been fatigued
- Expert testimony from accident reconstruction specialists or others who can demonstrate the cause of the crash
A skilled Omaha personal injury attorney at Berry Law can help you gather all of these different kinds of evidence, and more, so you can make a strong claim.
Contact a car accident lawyer today
At Berry Law, we have successfully represented thousands of clients in auto accident claims and helped them to prove fault so they can get the compensation they deserve. To get a dedicated legal advocate on your side and maximize your chances of a successful claim, give us a call or contact us online today.
