Most people use cars daily, so it’s easy to forget the destructive potential of even the smallest vehicles. When a driver behaves recklessly or carelessly, they can easily cause a collision that leads to life-threatening injuries for themselves and others.
Proving negligence in a car accident is key to establishing liability and successfully pursuing an insurance claim or lawsuit. Here are some pointers on how to identify and prove negligence after a crash.
What Is Negligence in a Car Accident?
Negligence is causing harm by failing to exercise a reasonable level of caution. You must establish four key elements to prove negligence under Utah law:
- The driver owed you a duty of care by driving safely and obeying the rules of the road
- The driver violated that duty through reckless or careless behavior
- The driver’s breach of their duty led to the accident and directly caused your injuries
- You suffered damages as a result of your injuries, whether financial, physical, or emotional
In a car accident, a driver would be negligent if they caused a collision while texting, driving drunk, or failing to observe traffic laws. Running a red light, failing to stop at a stop sign, and speeding can all be considered negligent actions.
Types of Evidence to Support Your Car Accident Claim
To prove negligence in a car accident, you’ll need to use different types of evidence to illustrate the other driver’s liability. Some common examples include:
Police Reports
It’s important to call 911 immediately after the crash, even if you have no obvious injuries. The police report can serve as a factual foundation for your claims.
Photos and Videos
Visual evidence of damage at the scene or the extent of your injuries can be compelling firsthand evidence.
Witness Statements
Those present during the crash can help confirm your version of events and solidify otherwise shaky evidence. If anyone present at the scene is willing to testify, be sure to get contact information.
Medical Records
Your treatment records will show the extent of your injuries and may confirm how and when they happened. Seeking immediate medical help can also help you avoid any shared liability for failing to address your injuries.
Vehicle Damage Reports
Those who fixed the vehicles involved in the accident had a firsthand view of the damage and how it occurred. Their accounts can help confirm who was at fault.
Dashcam or Surveillance Footage
If the crash was caught on camera, the footage could show clear liability. However, obtaining the footage could be difficult if it’s owned by a private business or an uncooperative witness.
Steps to Prove Liability in a Car Accident
Acting quickly in the immediate aftermath of a crash can put you in the best position to establish liability. Here are some steps to help you prove negligence after a car accident:
- Call the police. Calling 911 after an accident is legally required in some states and will generate a police report you can use as evidence.
- Gather evidence. Talk to any nearby witnesses and obtain their contact information if they’re willing to give statements. Take photos of the damage and any injuries.
- Get medical help. It’s important to seek medical attention immediately after a car accident, even if you have no obvious injuries. Save your treatment records to use as evidence later.
- Don’t admit fault. Don’t say anything more to the other party or insurance companies than is absolutely necessary.
- Contact a lawyer. Feller & Wendt, LLC™ can provide a free consultation and walk you through your legal options.
- Let us take it from there. Your experienced car accident lawyer will investigate your case, obtain further evidence, and negotiate with insurers to secure you significant compensation. We’ll even go to court if necessary.
Need Help Proving Negligence in a Car Accident?
If you’ve been hurt in a car accident, it’s important to act quickly to have the best chance of proving liability. The dedicated car crash attorneys with Feller & Wendt, LLC™ can help you gather evidence and hold the other driver accountable for putting you in danger. Contact us online or call 801-499-5060 today to schedule a free consultation with our knowledgeable legal team.
* This information provided by Feller & Wendt, LLC™ is for informational purposes only and should be in no way construed as legal advice.
