How does a Car Accident Lawyer Prove Negligence?
To recover compensation for injuries sustained in an auto accident, your car accident lawyer will need to prove that the crash was a result of negligence of the other party. Negligence is a legal term used in tort law. The term negligence means carelessness or failure to use reasonable care. As a general rule, motorists must use reasonable care when operating an automobile. When a motorists fails to use reasonable care, the driver is said to be negligent.
Proving negligence is a crucial part of any car accident case. If your lawyer cannot prove that the other party was negligent, then your personal injury claim will fail. You are only entitled to compensation for personal injuries caused by another driver if the other driver is liable for the accident.
So how does your car accident lawyer prove negligence? To prove negligence, or liability, on the part of the other driver your car accident attorney may rely on several types of evidence. Witness testimony is often used to prove a car accident. This may include the testimony of the drivers of the vehicles, their passengers as well as other motorists involved int he accident. In car accident cases, the testimony of the drivers involved is often determined to be incredible by the fact finder due to the self-serving nature of the testimony. Therefore, your car accident attorney will want to get the name, address and contact information of independent witnesses who can confirm your account of how the accident happened. The testimony of an independent witness is often given more weight than that of self interested parties who may lie or exaggerate for their own personal gain. It is up to the jury, who is the fact finder, to weigh the testimony of all witnesses and determine who is credible and who is incredible. The jury will then be responsible for making a determination based on this evidence and other evidence presented in the case.
In addition to witness testimony, your car accident attorney will use other physical evidence to support your case. This often comes in the form of photographs of the vehicles, accident scene and damage to the vehicles. This evidence will be used to support or contradict witness testimony. For example, if the driver says that he was hit on the passenger side, but the damage to his vehicle is on the driver’s side, it is likely his testimony will be given little weight by the jury.
An experienced car accident lawyer will carefully review evidence from the scene and use it to persuasively argue that the other driver is liable for the car accident. The car accident lawyers at Wieand Law Firm represent car accident injury victims in Philadelphia PA. To speak with a knowledgeable attorney, call us today at 215-666-7777. We are happy to discuss the facts and circumstances of your case with you free of charge. If you hire us to represent you, we will fight to prove your case to the insurance company and in court.
Disclaimer: This information is not legal advice and may contain typos, errors or be outdated.