Some states follow comparative negligence doctrine, which means if you have been injured in an accident and your fault was more than 50% for causing the accident then you cannot recover damages. Hence, conversely, to win a car accident case in these states, you need to prove that the other party was at fault for the accident.
In a car accident, fault would mean negligence, which means the person behaved in a careless manner.
Determining the Facts
In your car accident case, it might seem obvious to you that the other party acted carelessly or negligently, but it has to be proved legally by showing what laws were violated by the other party. Your claim of negligence of the other party should be supported by some official report of the accident or testimony of witnesses who were present at the scene, who can corroborate your version of what took place.
The Police Report
The police will arrive at the scene of a car accident, especially when they know people have suffered injuries, and they will write an accident report. This report will be important in proving fault of the other party, especially when the officer has mentioned in the report the specific traffic law that was violated by the driver, and how it caused the accident. Sometimes the report might simply state negligent behavior of the driver, without stating any specific violation.
The Pursuit of the Truth
This too can be helpful for your case, as it does not matter how specifically a traffic violation is mentioned. To acquire a copy of the report, you need to approach the area’s police department traffic division. Apart from the police report, your lawyer can also find support for your argument of the other driver being at fault according to the state’s driving laws.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Taylor King, who opened the firm’s first office in 1994 and has been practicing law for more than 30 years.
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