How to Prove Negligence in an Auto Accident

September 21, 2022

To recover financial compensation for the injuries and other damages you suffered in a car crash, your attorney must prove that the crash resulted from another party’s negligence. Negligence refers to carelessness, recklessness, or failure to utilize reasonable care. Generally, all drivers must utilize reasonable care when driving. Otherwise, they will be considered negligent and found liable if they cause an auto accident.

Providing negligence is an essential component of any auto accident claim. Because you will only be entitled to recover compensation for the damages caused by another party if you can prove negligence on their part. But how exactly do attorneys prove negligence in auto accidents? Your Ventura auto accident attorney will rely on different pieces of evidence to prove negligence and liability. These can include:

Witness Statements

These usually include statements from all the drivers and passengers of the vehicles involved in the crash. Your attorney will likewise obtain the names, contact details, and addresses of any independent witnesses who can verify your account of how the crash occurred.

Like police officers, independent witnesses are neutral third parties. This generally means that their accounts of the crash can be more believable and persuasive. Additionally, they might have noticed certain things that you or the other party didn’t notice. It’s important to obtain statements from eyewitnesses as soon as you can when the events of the crash are still fresh on their minds. 

Physical Evidence From The Auto Accident Scene

These normally come in the form of pictures and videos of the accident site, the damage to the vehicles, and injuries resulting from the crash. Video footage can also come from dashcams from other vehicles, traffic cam footage, and surveillance camera footage from nearby homes or businesses. Your attorney will use this evidence to contradict or support witness statements and uncover the circumstances that led to the auto accident.

Collision Report

The police officer that responded to the accident scene will create a collision report based on the things they observed and the people they talked to. They may even include observations of how the crash occurred and whom they think caused the crash. If they found that the other party broke any kind of traffic law that caused the crash, they would include that information in the report as well.

Reconstruction of The Auto Accident

In cases where fault cannot be established easily, your attorney may work with accident reconstruction specialists to recreate the auto accident.

Speak to a Top Ventura Auto Accident Attorney Today

To talk to a knowledgeable Ventura auto accident attorney, call the law offices of Bamieh & De Smeth and schedule your complimentary case evaluation. Our auto accident attorney will gather and review evidence from the auto accident scene to determine fault and liability for your losses.

We can discuss the circumstances and facts of your case and fight to prove your claim to the liable party’s insurance provider and in court if necessary. Dial 805-643-5555 or send us an online message to arrange your appointment today.