Evidence is the key to every car accident claim. You may have a solid case against the other driver in every respect, but without the evidence to prove it, you have nothing. It makes sense, then, that the topic of evidence receives so much attention. A quick internet search can retrieve a wealth of information about collecting evidence following a traffic collision.
The problem is that most of the information out there deals with evidentiary sources (photographs, police reports, witness statements, etc.). But what about evidentiary factors? In other words, what might the evidence contain that could be helpful to your case? A discussion of these factors appears below. Any one of them has the potential to prove that the other driver caused the accident and should be held financially responsible.
At Neale & Fhima, we leave no stone unturned when it comes to searching for evidence of liability. And when we find it, we know how to preserve it properly and then use it to your advantage during settlement negotiations. Contact our office to learn more.
To Help Prove Fault, Look for Evidence of:
Drunk driving fatalities have fallen by a third in the past 30 years, according to the National Highway Traffic Safety Administration. Of course, this is little consolation if you or a loved one was recently victimized by a drunk driver. The fact of the matter is that intoxication (from alcohol, marijuana, prescription drugs, and other substances) remains a major public safety hazard on our streets. Evidence that the other driver was intoxicated may include observations of first responders, admissions by the driver, and chemical testing by police.
A total of 162 people died in Orange County traffic collisions in 2016. The California Highway Patrol determined speeding to be the primary factor in 16 of these deaths. Not just a contributing factor – the primary factor. This is a horrendous statistic, especially since drivers are usually cognizant of the fact that they are speeding while they are doing it. Reliable evidence of speeding includes skid mark measurements and event data recorder “black box” information.
Improper Left Turns
Does this situation sound familiar? You are approaching a traffic signal as the green light is about to change. In front of you, in the opposite lane of travel, you see a vehicle stopped at the front of the turn lane, waiting to go left or make a U-turn. You continue through the intersection, trusting that the other driver will respect your right of way…
Thousands of people are injured in Southern California each year from other drivers turning directly into their path. If you are one of them, footage from red light cameras, witness accounts, and the position of the vehicles following the accident can help prove your case.
Failure to Stop
A rear-end collision is almost always the fault of the driver in back. If that driver had kept a safe following distance and watched the road ahead, the accident would not have happened. It is simply a matter of common sense (as well as the subject of California Vehicle Code § 22350). The location of the damage on each vehicle is the strongest evidence in these cases.
The popularity of smartphones and other handheld electronic devices has led to a dramatic increase in the number of traffic accidents caused by distracted driving. In fact, the problem recently led legislators to pass a statewide ban on all handheld cellphone use while driving. If you believe the other driver in your accident was distracted by a device, your attorney may be able to obtain phone records during litigation to prove that fact. And remember, distracted driving can also involve eating, drinking, smoking, or applying makeup – so watch for evidence of these activities at the crash scene as well.
Do you believe the evidence in your case reveals something that proves the other driver was at fault? If so, our vehicle accident lawyers will discuss the issue with you free of charge. Just call (888) 506-0899 or submit the form below.