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How Do I Prove Fault in a Car Accident?

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After being involved in a car accident your main goal should be to prioritize your health and recovery. However, you may also wish to take legal action against the liable party to obtain compensation for your damages. Establishing liability is crucial in ensuring you can cover the costs associated with your injuries and losses. To prove fault in your car accident continue reading and gain the support of an experienced New Jersey car accident lawyer.

What Can I Be Compensated for After an Auto Accident?

Any expense you incur as a result of your accident can be compensated once fault is assigned. You can receive damages for the following and more.

  • Medical bills
  • Property damage
  • Loss of income
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Punitive damages

What is Negligence?

Negligence is the legal concept of liability for an accident. By definition, to be negligent is to fail to take proper care in doing something. Under this legal theory, individuals under varying circumstances owe other people a duty of care. For example, doctors owe their patients a duty of care when treating them to do so to the best of their ability and prioritize their health.

In the same vein, drivers on public roads owe other drivers, pedestrians, bicyclists, etc. a duty of care. They must abide by the rules of the road and operate their vehicles safely so as to not cause undue harm to others.

How Can I Prove Fault in a Car Accident?

To prove the other driver’s fault in your car accident you must obtain evidence that proves that they were negligent and their behavior directly caused the crash. There are four elements of negligence that must be established.

  1. Duty of care: You must prove that the individual owed you a duty of care, in this case, that they should have taken caution when driving to avoid an accident and injury
  2. Breach of duty: The defendant must have breached the duty of care in some way like speeding, failing to yield, running a stop sign, etc.
  3. Causation: It must be shown that the breach of duty directly caused the accident
  4. Damage: You must prove that the accident resulted in your injuries and damages

You need substantial evidence proving the above to ensure fault and liability are appropriately established during your case. The following and more can be used to support your claim.

  • Photos from the scene of the accident including the vehicles involved, hazards nearby, road conditions, weather conditions, point of impact, etc.
  • Information from the police report
  • Eyewitness testimony from individuals who saw your vehicle before, during, and after the accident
  • Surveillance footage from nearby buildings
  • Expert testimony from medical professionals, economic experts, and accident reconstruction specialists
  • Breath tests or toxicology reports

With the help of your attorney, you can gather and present the above pieces of evidence to prove the fault of the other driver. Contact Rubenstein, Berliner & Shinrod, LLC today to discuss your situation with an experienced lawyer.

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