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How is Fault Determined in a Car Accident?

If you’ve ever been in a car accident, you know it’s not easy to prove fault. You probably also know that there is rarely ever just one person at fault. Usually, both drivers play a small part in the crash. Your Atlanta auto accident attorney knows this. They’ve handled a lot of cases just like yours. They also know that proving fault is just as important as proving your injuries. It may even be more important. If you can’t prove the other driver was at fault, you won’t recover.

In order to get you the compensation you deserve, your Atlanta auto accident attorney will need to prove the other driver was at fault. There are a few ways he can do this:

  • The police report
  • Expert testimony
  • Statements by the drivers
  • Eyewitness testimony
  • Dashcams and other videos

He may need some of all of these things to prove causation. Since most car accidents are based on negligence, you’ll need to prove more than just who was at fault.

 

How Do You Prove Negligence?

Most car accidents are indeed based on negligence. This just means that one of the drivers weren’t doing what they were supposed to do. As a result, there was a car crash. An Atlanta auto accident attorney has to prove negligence all the time. In order to prove negligence, you need to prove four (4) things:

  • The defendant had a duty of care toward you – This one is easy. All drivers have a duty of care toward other drivers. You have to obey all traffic laws. You also have to be aware of your surroundings and other cars on the road.
  • They breached that duty – If you break a traffic law or behave recklessly, you’ve breached your duty of care. Your lawyer will work to prove that the other driver did this.
  • You were hurt – You have to actually suffering injuries in your car wreck. Otherwise, you won’t be able to recover damages. It’s not enough that you were in an accident. You have to actually suffer an injury.
  • Your injuries were caused by his breach – Your injuries must be caused by the accident. If the defendant’s lawyer can prove that you already had a bad back, it may be hard to be compensated for medical bills related to a back injury.

If you can prove these four things, you should be able to recover for your injuries. Of course, the defendant’s lawyer will be trying to prove the opposite. He’ll argue that you breached your duty of care and you’re the reason you crashed.

 

What Kind of Evidence Will Your Lawyer Present?

If your case actually goes to trial, your lawyer will have to submit evidence to prove the other driver is at fault. He will do this in different ways. Some of the ways he can introduce this evidence includes:

  • Witnesses can testify as to what happened. They can do this on the stand or through the use of affidavits and depositions.
  • Expert testimony – You may need to have experts testify as to what caused the accident. Accident recreation specialists can do this for you.
  • Police report – Your lawyer can introduce copies of the police report. There is a lot of helpful information in this report.
  • Videos – if there are videos of the accident, you can play them for a jury. This may be the best evidence you can use to prove your case.

Your injury lawyer is going to have to submit enough evidence to convince a jury that the other driver was at fault. He’ll also have to submit evidence of your injuries. This may include pain and suffering and lost wages. If you don’t prove your damages, you won’t be compensated.

 

Contact an Atlanta Auto Accident Attorney Today

If you’ve been injured in an Atlanta car accident, you’re going to need a lawyer. If the insurance company doesn’t pay your claim, you’ll have no choice but to file a lawsuit. This means you need to contact an Atlanta auto accident attorney today.

Schedule your free consultation. You can sit with an experienced car accident lawyer and let him review your case. He can answer any questions you may have. He can also let you know what your case may be worth.

The consultation is free and you pay nothing until you win your case.