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After a car accident, one of the most important things for victims seeking compensation for damages is establishing liability (fault). Whether it’s medical bills, lost wages, or pain and suffering, securing a financial award depends heavily on the ability to prove fault.
Understanding Liability in Motor Vehicle Accidents
Before you begin evidence gathering, it’s important to understand the concept of liability in motor vehicle accidents. Liability refers to legal responsibility for the accident and resulting damages. Determining liability typically involves determining who caused the accident and whether they were negligent in their actions.
Proving Liability Through Negligence
Proving liability often involves showing how one party’s irresponsible actions directly caused the accident and resulting damages. Liability can be established in court by carefully examining the facts and evidence surrounding the accident, including the actions of all parties involved and any other factors, such as road conditions or weather.
What to Do After the Accident
Motor vehicle accidents can be overwhelming. Stress levels are high when one person has been harmed, and the other person does not want to take responsibility for the damages. Be sure to exchange contact information with the other driver(s), and then:
Seek Medical Attention
Even if injuries seem minor, getting medical attention right away is crucial. Sometimes, the injuries in a car accident can be hidden or may not show up until much later. The shock of the accident can cause you to feel less pain than you normally would, and some injuries like internal bleeding and back and neck injuries can often be worse than they seem right after a motor vehicle accident. If you are offered an ambulance, take it. The EMTs will check you out and determine if you need to be seen in a hospital.
Keep a timeline of your injuries, when you have seen doctors, and what those doctors recommended. Don’t try to be strong—minimizing an injury or symptoms can cause more harm in the future. Trying to be tough can mean you don’t get proper treatment for your injuries and don’t end up with the compensation you deserve.
Gather Evidence
Proving negligence is the most important part of establishing liability. Negligence occurs when a person takes careless actions and hurts another person. If a driver acts irresponsibly and harms another party, they may be considered negligent and liable for damages. In motor vehicle accidents, negligence can take different forms, such as speeding, reckless driving, or driving under the influence, for example.
Police Reports
Getting a copy of the police report is necessary, as it is the official record of the accident. Police reports usually contain important details such as statements from the people involved, eyewitness accounts, and preliminary fault assessments. These reports are valuable evidence in establishing liability.
Witness Statements
Eyewitness statements can significantly benefit a claim by providing firsthand accounts of the accident. Collect contact information from witnesses at the scene and ask them for detailed statements about what they saw. Witness testimony can support your version of events and strengthen your case.
Documenting the Scene
Taking pictures of the accident scene, including any road hazards or other factors that contributed to the accident, can increase your chances of a good outcome for your case. Use your phone camera to take photos of the position of vehicles, skid marks, traffic signs, and any other details that might help the court understand what happened. Taking a video can be even better evidence than photographs. Visual evidence can help reconstruct the accident and support your claim.
Take good notes detailing the date, time, weather conditions, and traffic patterns at the time of the accident. Sketch a diagram showing the positions of vehicles and nearby landmarks. Paint a picture as clearly as you can of what happened and why.
Medical Records
Medical records serve as concrete evidence of the injuries caused by the accident. Get copies of medical reports, treatment notes, and imaging results that prove your injuries. These records support your claims and directly link the accident and your medical expenses.
Maximizing Compensation
Once you prove liability, getting the most compensation possible depends on presenting a clear case for damages. Consider the following strategies to support your claim:
Have the Numbers
Document all costs you experienced due to the accident, including medical expenses, property damage, and lost wages. Additionally, consider your injuries that might be hard to put a monetary cost on (known as non-economic damages), like pain and suffering, emotional distress, and not being able to enjoy and experience your life like you could before the accident.
Hire a Lawyer
Navigating motor vehicle accident claims can be scary, especially when dealing with insurance companies and aggressive representatives. You may benefit from speaking to a skilled personal injury attorney with experience handling such cases. A knowledgeable attorney can fight with the insurance companies for you, negotiate with insurance adjusters, and take legal action if necessary to secure the best possible outcome.
Pay Attention to Deadlines
Strict deadlines, known as statutes of limitations, limit the timeframe for filing a claim for damages. Missing these deadlines could ruin your chances for compensation. Look up the statutes of limitations in your location, speak to an attorney, and don’t miss deadlines.
Talk to Experienced Attorneys
Successfully proving liability in motor vehicle accident claims requires careful evidence gathering and detailed records of damages. By following the guidelines outlined in this guide, accident victims can strengthen their claims and get the most possible compensation for their losses. Quick action and thorough documentation are vital to getting the compensation you deserve after your car accident.
Call (877) 590-4488 today to schedule a free consultation with the Linton Robinson & Higgins, LLP team. We’ll help collect and organize your evidence to demonstrate the harm you’ve suffered after your motor vehicle accident to maximize the compensation you could receive.
