People get into car accidents every day. We see them on our way to work and school. We see the people standing on the side of the road, shaking their heads and pointing to their cars. If you’ve ever been in a car accident, you know the drill. Both drivers insist it was the other driver’s fault.
Very few people are going to stand up and admit that they caused a traffic accident. Even if they know deep down that the crash was their fault, they’re not going to admit it. Part of this is for common sense reasons. We know that our claim won’t be covered if we admit it was our fault.
The other reason people don’t admit fault is human nature. Most people tend to think they’re the victim in situations like this. We usually don’t like to admit that maybe the accident was our fault. That’s why it’s so important to contact a Fayetteville car wreck lawyer if you get into a car wreck.
Your Fayetteville accident lawyer will do the leg work necessary to prove the other driver was at fault. Of course, if you were primarily responsible for the crash, it will be difficult (if not impossible) for them to do this. But they will look at all the evidence and try to put a case together that proves your claim.
How Do You Prove Fault in a Car Crash?
In order to demonstrate that the other driver was at fault in your crash, your Fayetteville car accident attorney will have to prove negligence. Unless the other driver intentionally caused the accident – which is rare – the case will be based on negligence.
To prove negligence, your lawyer must show four (4) things:
- The other driver owed you a duty of care – This is easy. Every driver owes the other people on the road a duty of care. At a minimum, they need to follow all traffic rules. They also need to use common sense and common courtesy.
- They breached this duty of care – If the other driver does something out of the ordinary, they may have breached this duty of care. For example, they may have violated a traffic law. If they were speeding or texting while driving, they have breached their duty of care.
- You were injured – You do have to prove that you were actually hurt. This is why it’s so important that you go to the hospital after your accident. Your Fayetteville auto accident lawyer will rely on your medical records to prove your injuries.
- Your injuries were indeed caused by their breach – You have to show that your injuries were caused by the defendant’s breach and not something else. For example, if you already had a bad back at the time of the crash, it will be hard to show that the other driver’s breach caused your back injuries.
If your injury lawyer in Fayetteville can prove these four elements, you should be able to recover damages.
Your Fayetteville Car Wreck Lawyer Will Rely on the Evidence
It’s not enough to say that the other driver was negligent. Your lawyer has to submit evidence to show this. When you first meet with your Fayetteville car accident lawyer, they’re going to ask you a lot of questions. They need to know what happened in order to prepare your case.
Some of the evidence your lawyer is going to use to prove the other driver was at fault includes:
- Police report
- Video recordings
- Pictures of the accident scene
- Witness statements
- Your medical records
- Your own testimony
- Expert witnesses
Since most cases settle long before trial, there is a chance you’ll never actually have to testify. However, your attorney will still let the insurance company know what evidence they have in order to negotiate your settlement.
Keep in mind – the defendant will submit their own evidence to try to show that you were at fault. Your lawyer will be prepared to discount this evidence and convince a jury or mediator that you were the victim.
Contact a Fayetteville Car Wreck Lawyer
If you’re involved in a car accident, you should contact an experienced Fayetteville car wreck lawyer right away. They can review the facts of your case and determine who was at fault. They can also look to see what kind of compensation you may be entitled to.
Call The Law Office of Jason M. Hatfield, P.A. today and schedule your free initial consultation. And remember – you pay nothing until you settle your case.