What Factors Can Help Prove Fault in a Car Accident?
October 18, 2024- Categories: Vehicle Accidents
Evidence is the key to every car accident claim. You may have a solid case against the other driver in every respect, but you have nothing without the evidence to prove it. 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 in the public deals with types of 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 searching for evidence of liability. When we find it, we know how to preserve it properly and use it to our advantage during settlement negotiations. Contact our office to learn more.
Evidence to Look for to Prove Fault in a Car Accident Case
To help prove fault, look for evidence of:
1. Intoxication
Drunk driving fatalities have fallen by a third in the past 30 years, according to the National Highway Traffic Safety Administration. This is little consolation if a drunk driver recently victimized you or a loved one. If you find yourself in such a situation, seeking the assistance of a skilled drunk driving accident lawyer is crucial. 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.
2. Speeding
The California Office of Traffic Safety reports that in 2020 there were 2,866 fatal or injury-causing collisions in Orange County that were speed-related. This is a horrendous statistic, especially since drivers are usually aware that they are speeding while they are doing it. If you or a loved one has been affected, consulting a speeding accident attorney can offer guidance. Reliable evidence of speeding includes skid mark measurements and event data recorder “black box” information.
3. 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 the other driver will respect your right of way.
Thousands of people are injured in Southern California each year by 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 after the accident can help prove your case.
4. Failure to Stop
A rear-end collision is almost always the fault of the driver in the 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 (and the subject of California Vehicle Code § 22350). Should you find yourself in such a situation, consulting a rear-end collision lawyer can be crucial. The location of the damage on each vehicle is the strongest evidence in these cases.
5. Distraction
The popularity of smartphones and other handheld electronic devices has led to a dramatic increase in traffic accidents caused by distracted driving. The problem recently led legislators to pass a statewide ban on all handheld cell phone use while driving. If you believe the other driver in your accident was distracted by a device, your distracted driving accident lawyer 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.
How Our Attorneys Can Help
At Neale & Fhima, we understand the complexities of proving fault in car accidents. Our car accident attorneys are here to guide you through the legal process, ensuring your rights are protected and working to secure the compensation you deserve. Here’s how we can assist you with your car accident case:
1. Comprehensive Case Evaluation
Our first step is to provide a thorough evaluation of your case. During the initial consultation, we will listen to your account of the accident, review your evidence, and honestly assess your legal options. This evaluation helps us understand the weaknesses and strengths of your case.
2. Gathering and Preserving Evidence
Evidence is the cornerstone of any car accident case. Our attorneys are skilled in collecting and preserving critical evidence to build a strong case. This includes:
- Accident Scene Investigation: We visit the scene to take photographs, gather physical evidence, and document relevant factors such as road conditions and traffic signals.
- Obtaining Police Reports: We liaise with law enforcement to obtain detailed accident reports that can provide crucial information on the incident.
- Witness Statements: Our team will identify and interview witnesses, ensuring their accounts are accurately recorded and can be used to support your claim.
- Medical Records: We help secure your medical records to document the extent of your injuries and their impact on your life.
3. Working with Experts
In complex cases, expert testimony can make a significant difference. We collaborate with a network of experts, including:
- Accident Reconstructionists: These professionals can recreate the accident to explain how it occurred and who is at fault.
- Medical Experts: To testify about the severity of your injuries and the necessary medical treatments.
- Economic Analysts: To assess the financial impact of the accident, including lost wages and future earning potential.
4. Handling Communications and Negotiations
Dealing with insurance companies can be daunting. Our attorneys take over all communications with insurance adjusters, ensuring that your statements are accurate and that your interests are represented. We are skilled negotiators, aiming to achieve a fair settlement that covers your medical expenses, lost wages, property damage, and other related costs.
5. Representing You in Court
While many car accident cases are settled out of court, some may require litigation. Our attorneys are prepared to take your case to trial if a fair settlement cannot be reached. We provide vigorous representation, presenting a compelling case to the judge and jury to advocate for your rights and secure the compensation you deserve.
6. Maximizing Compensation
Our ultimate aim is to secure the maximum compensation you deserve. We meticulously calculate the full extent of your damages, including immediate and long-term medical expenses, rehabilitation costs, lost income, pain and suffering, and any other relevant losses. We fight to ensure you receive a settlement or verdict that fully compensates you for your injuries and losses.
Contact Neale & Fhima for Support Today
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.
Attorney Aaron Fhima
Aaron Fhima is a trial attorney who has secured numerous settlements and verdicts against large corporations and some of the largest auto manufacturers in the world. Representing consumers and injury victims throughout the state of California, Aaron’s practice areas include personal injury, and lemon law litigation. Aaron has a long record of success taking on large defense firms; and he doesn’t hesitate to take cases to trial when necessary to enforce his clients’ rights. [ Attorney Bio ]
