Proving fault in a personal injury case, like a car accident case, involves proving the elements of negligence took place. These elements are the duty of care, breach of duty, cause of injury, and financial damages. Your personal injury lawyer may explain how fault is proven and the specific steps they might take to prove fault and negligence on your behalf.
Your lawyer might start investigating the cause of your car accident by listening to your recollection of the crash. They might then start building their argument using your car accident report, witness testimony, and notes from the investigating officer. They might also request other forms of evidence to help build their argument, such as:
- Medical records, reports, and bills
- Injury and accident scene photos
- The other driver’s driving history record to determine if they had previous traffic citations on the same offense that caused the accident
You can discuss your case with your legal team. Try to include any important details that relate to the cause of the accident and provide any independent photos or other forms of evidence you have to your legal team for review.
The Car Accident Report Might Have Important Details About Who Caused the Accident
Your lawyer may request a copy of your car accident report and any other paperwork or evidence that might help prove the at-fault driver’s negligence. Your car accident report can serve as an important tool in proving fault after a car accident. It might indicate whether the at-fault driver made any traffic violations or received citations and whether alcohol or drug impairment played a role in the collision. It may also indicate:
- The position of each vehicle
- The seating position of each occupant
- Any distractions that contributed to the collision
- Each driver’s movements prior to the collision
Your car accident report might have additional value. In addition to giving your lawyer insight into the cause of the accident, it might also provide contact information of:
- The at-fault driver
- Their insurance company
- Accident witnesses
The witnesses listed in your car accident report might provide objective information that your lawyer might share with the at-fault driver and their insurance company. As soon as your crash report becomes available, try to obtain two copies of your car accident report. Keep one for your personal records and share one with your legal team. Your lawyer might also request additional information and documentation for the purposes of proving fault and accident-related costs.
For a Free Legal consultation, call 888-522-6291
You Will Need to Prove the Extent of Your Injuries
Along with your car accident report, you should provide your legal team with copies of your medical records, test results, and prognoses from every clinic and hospital where you received treatment for your car accident injuries.
The injuries you sustain can vary from minor to catastrophic and might include:
- Cuts, scrapes, bruises, and other minor abrasions
- Head and neck injuries, like whiplash and concussion
- Sprains and broken bones in your limbs and extremities
- Catastrophic injuries, like spinal cord and traumatic brain injuries
Your legal team may review your medical records to establish the connection between the accident and your injuries. They might also collect your medical bills to gauge the extent of your treatment costs. Your current medical bills, paired with the treatment plan listed in your medical records, might also help your lawyer estimate upcoming and anticipated costs you might expect to face.
You Should File Your Personal Injury Claim Right Away
Generally, you have two years from the date of a car accident to file a personal injury lawsuit against the at-fault driver, according to the California Code of Civil Procedure (CCP) §335.1. Complying with the statute of limitations is a critical step, as you might not be able to move forward with your personal injury lawsuit if you fail to file on time. Even if you are able to prove fault and negligence, failure to comply with the statute of limitations might eliminate your right to compensation.
Contact a law firm right away so that you can determine if you still qualify to file a personal injury lawsuit. While your lawyer concentrates on proving the at-fault driver’s fault and building your case, you can focus on recovering from your injuries.
Jacoby & Meyers Law Offices May Be Able to Help You Prove Fault and Assign Liability
Our legal team is willing to take the time to explain the legal intricacies of your claim or lawsuit to you. We can also take time to explain how fault is proven in car accident cases.
Our team is here to help and support you. For a free case review, contact the personal injury team at Jacoby & Meyers Law Offices by calling (888) 522-6291 today.