Ways for accident victims to show the other party’s negligence

2019-12-06T21:11:33+00:00September 4th, 2014|

Car accidents are an all too common occurrence in Orange County, and all throughout the country. While many crashes are not the result of someone’s intentional act, that does not mean that they are unavoidable. To the contrary, driver negligence is the cause of many motor vehicle accidents. Accordingly, accident victims who seek monetary compensation should understand how to prove that another party was at fault.

A police investigation can be an important starting point for proving fault in a car accident. Following a crash, police will often go to the scene for various reasons. They may need to help clear the wreckage, assist accident victims and direct traffic. In addition, officers also go to accident scenes to investigate the cause of the accident. This is especially important following a fatal car accident, where some of the people involved cannot give their account of what happened.

After police investigate a car accident, they typically document their recollection of the facts in a report. An accident victim can request access to view these police reports and to use them to support legal claims against other drivers. Because police reports can be so crucial to a legal claim, accident victims should check them thoroughly for any evidence that supports their side of the case.

In addition to reviewing police reports and any eyewitness statements, accident victims should also understand any applicable traffic laws that may help their claim. For example, if the other person was driving while under the influence of drugs or alcohol at the time of the accident, that is against California law and it is strong evidence of negligence. Likewise, if a driver violates the law by speeding or failing to adhere to traffic signs and signals, that tends to establish their responsibility for causing the accident.

After a car accident, the people involved will have many issues to sort through. As the dust settles, victims should remember some keys to proving the other party was at fault.

Source: FindLaw, “Car Accident Liability: Proving Fault in a Car Crash,” Accessed on Aug. 26, 2014