Auto accidents are unfortunately not so uncommon events on the roads and highways of the United States.
In numerous cases, the negligence of a driver, pedestrian, auto manufacturer, or even the municipality in which the accident took place contributed to an avoidable collision.
Those who were injured in the accident likely suffered a great deal of physical and emotional harm as a result.
The costs of care and treatment can be enormous.
Lost wages can also lead to major financial strain.
To seek a remedy for the situation, a lawsuit may be filed, but in order to win the suit, the case and the corresponding negligence must be proven to the sufficient standards of the law.
This is a point that those who have never been involved with civil litigation in the past might not understand.
Filing a lawsuit and claiming negligence is one thing.
Being able to prove negligence in an auto accident case is another.
There are numerous elements that must come together in order to prove a case.
The following are three of the most common methods in which fault in an auto accident can be proven: No Doubt As the name suggests, no doubt refers to when there is absolutely no doubt as to who is at fault for an accident.
When a driver is racing over the speed limit, is under the influence of alcohol, and goes through a red light and then collides with another car, he is clearly at fault for the accident.
Each and every single one of those traffic laws he violated sets the stage for a No Doubt argument for liability.
All three of these elements combined could make it very difficult for the defendant to claim no responsibility for an accident.
This is not to suggest all the fault is placed on the other party.
There can be instances where both parties are at fault in some way and liability is shared.
However, the party that most egregiously contributed to the accident is going to be held mostly responsible in the eyes of the law.
Police Reports As with any other form of litigation, evidence is going to be required to prove a particular case.
In an auto accident, proving fault requires bringing forth evidence that can help clearly reveal who actually contributed to the most negligence that caused an accident.
A police report would be one very helpful item of evidence that can aid in showing who may have been at the most fault.
The police report is the official document that responding offers put in the record.
Questions about bias or clouded judgment will always surround the witnesses who testify about a traffic accident.
Police reports may be taken a great deal more seriously because the officer is not a party to the accident and the officer has been trained to stick to the facts.
A police report is most likely to reflect actual reality and is not going to be clouded by inaccurate perceptions witnesses may be prone to embody.
Traffic Laws Violations of the traffic laws almost automatically put someone at fault for an accident.
Researching and reviewing applicable traffic laws in the state in which the accident has taken place is a must when trying to prove fault.
If any traffic violations have taken place on the part of the defendant, then proving fault becomes less difficult than would be the case otherwise.
No one can say for sure what the outcome of litigation can be.
It is safe to say that when the right methods of proving negligence are used, the greater the chance of you receiving the compensation for medical bills and lost wages.