The Burden Of Proof For Your Car Accident Case

When you get hurt by a careless driver, you may end up having to show proof in a number of areas. These are not issues accident victims find easy to deal with and that's where a personal injury lawyer comes into the picture. Even with representation, you might be interested in what your side will need to prove if you are to be successful and be compensated. Read on for a quick and easy to understand guide on what you have to prove to the other side.

Proving Fault in the Accident

Few accident matters are more important than fault. If you can show that the other driver caused the accident (or if they admit fault) then you have half of your burden of proof out of the way. Many accidents are simple and it's easy to see who was at fault for them. Other times, accident situations are more complex and confusing. When fault is in question, you need proof of the way the accident occurred. One of the best – and latest – forms of proof available is cell phone video of the accident. You might be surprised at how often wrecks are captured on video. A number of drivers now have cameras installed on their dashes and at the rear of their vehicles as well. Procuring video is of prime importance when fault is in contention.

Other evidence that can shed light on fault includes eye-witness statements, driver statements, and the initial investigation at the scene by law enforcement. In some cases, accident reconstruction experts have to be consulted to give their opinion of how the wreck happened. These experts use photographs of the scene, skid marks on the pavement, the location of damage on the vehicles, and other evidence to support their opinions.

Proving Accident Losses

The second major category of proof is all about the money. Your damages are aligned with a dollar figure for a particular loss. For example, your lost wages are aligned with the amount of pay you lost due to the accident. One important form of loss centers around medical treatment costs. You may never see the money used to pay for your medical treatment but the dollar figure may be used to determine payment for another loss: pain and suffering. Other forms of losses that you may need to show proof of include lost personal property, damage to your vehicle, lost earning capacity, loss of consortium, and more.

Speak to an auto accident attorney to learn more about proof.

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