Off The MRKT

View Original

The Evidence Need to Prove Who Is Legally Responsible for a Car Accident

If you are a car owner, there is a higher chance you must have encountered a car accident, either minor or significant, depending on the scenario. Also, there is nothing to be ashamed of as accidents can still occur even after ensuring safeguards are in place, not to mention that of a car. But, assuming you suffer a car accident and you need to provide evidence to prove who is legally at fault, well, this article is just for you. 

So, taking us further, the question that will undoubtedly be asked after an accident is who is responsible or at fault?

The Question of Fault 

Most road users tend to know who is at fault, especially when an accident occurs. But, a lot of times, the culprit ends up denying it and claiming his or her innocence. However, after a car accident in Houston, Texas, the insurance companies would then address the situation. But, assuming there is a lawsuit that invariably goes to trial, which in most car accident-related cases it results in, then the Jury would be left to decide. If the causes of the accident were apparent, for example, if the driver who caused an accident was under the influence, then the case might also come with a felony charge.

Essential Evidence To Prove a Car Crash Case 

The essence of deciding who is at fault for the car accident is to ensure that the culprit is penalized and mandated to pay for damages.  Additionally, laws guiding car accidents vary across states, meaning one may favor the other and vice versa.  So, now the focus should be on the types of evidence to prove a car accident case. Here are the most common categories of evidence you’ll be able to collect after a car crash.

  1. Personal injury: This kind of case may need substantial evidence for a court to rule in your favor. Although you were at the receiving end of the accident, you will need detailed medical records to prove your injuries’ exact extent. In case you don’t have the medical proof, injuries as evidence might be unreliable.

    2. Witness Testimony: Nothing compares to having an eye witness to rule in your favor rather than arguing with the culprit.  The testimony goes a long way, especially in a court battle, as it can swing in your favor. The more people who can lean towards your defense, the easier it would be to determine who would be responsible for the damages. Plus, it is expected that the names, phone numbers, and even the address of the witness at the accident scene be taken down to better support your case later on.

    3. Vehicle damages: This means that you simply cannot cover up a vehicle that has just been hit. So, while physical injury might result in a lack of essential evidence, this is made more glaring to the eyes. Vehicle damages would show you where you were being hit and the severity of the accident. With this, it makes it difficult for the culprit to argue much that he or she wasn't responsible for the incident. 

    4. Police report: Officers are well trained for various scenarios, and car accidents are indeed included. Normally, what they would do upon arrival at the accident scene would be to take down notes. The expected reports typically include the names of the parties involved, plate number, injuries, interviews with people at the scene, and a couple of other things. This is by far the most important evidence in a car accident case.

Have an Experienced Lawyer to Win the Case

As someone who intends to win the court battle, especially a car accident case, it is required that you have an experienced lawyer. Having an experienced lawyer can also go a long way in ensuring you win the court case and be settled for the damages incurred.  Moreover, there are various law firms, and depending on your location, you may have to settle for the best as anything less may not cut it.

In conclusion, no one likes to drag on a case battle and be at the receiving end of a car accident. For this reason, it is important to obey traffic rules and have your seat belts on at all times on the road. However, once an accident occurs, which may not be your fault, you must have the right evidence to back up your case. As earlier said, the essence is to ensure you are rewarded and the culprit is fined or faced with a driving penalty or whatever punishment the Jury deems fit.

See this gallery in the original post