In a car crash, it is important that you can prove that the other driver is at fault. This is because it is the only way to ensure that you get the compensation that you are entitled to. How does an attorney go about proving that the other person was responsible for the car crash that you were in?
An Attorney Will Take a Look at Witness Testimony
An attorney will first take a look at witness testimony or any statements given to the police or an insurance company. One or more of those statements may include a statement of guilty by the other party involved in the crash. If that happens, it may be relatively easy to show that he or she is the guilty party without having to spend a lot of time or money on settlement talks or on a formal trial.
Physical Evidence Will Be Looked at as Well
In addition to witness testimony, an attorney will get to review any physical evidence such as a video of the crash scene or pictures of the cars involved. It may also be possible to look at pictures of tire tracks or other evidence that suggests that a driver took actions that were negligent in nature.
Cell Phone or Other Records May Be Analyzed
If a driver is talking on a cell phone at the time of the accident, that is a sign of negligent behavior. An attorney will look at cell phone records to see if a driver was talking on a phone when the wreck happened or if a call had been completed at all in the moments before the crash. The vehicle’s computer may also have records of any texts or social media posts that may have been transmitted through the car’s dashboard.
Was the Other Driver Impaired?
At the accident scene, the officer who responds to the crash may ask both drivers to submit to chemical tests. If the other driver was impaired on alcohol or any other substance, that would be a negligent activity. This may be true even if he or she was under the legal limit established by law. If the other driver fails to submit to any chemical tests, it may be an implication that he or she was guilty, and an attorney will surely point that out during settlement talks or a trial.
Did the Other Driver Fail to Maintain His or Her Lane?
If a driver failed to stay in his or her lane prior to a crash, it is generally that driver’s fault regardless of whether that vehicle was in front of or behind yours. If a driver made a left turn into another lane of traffic, that driver is at fault in almost all cases. The only time a driver making a left turn has right of way is when he or she has a green arrow at a traffic light or they were the most recent vehicle to come to a four-way stop.
Going Too Fast for Road Conditions Is Generally Negligent
When road conditions deteriorate, drivers are expected to slow down or otherwise adjust to maintain a safe following distance. If a driver is going too fast for road conditions, he or she is at fault for the crash regardless of what else may have contributed to the crash. It may be possible to determine how fast a driver was going when the collision occurred and compare it to the posted speed limit. Radar or other weather reports may be used to bolster the claim that road conditions were poor but that the other driver failed to adjust.
If someone hits you while you are driving your car, it could mean serious injuries as well as damage to your vehicle. However, there are many steps that your attorney may take to ensure that you are able to obtain compensation to pay for treatment and to repair damaged property.