Proving Driver Negligence in Accident Cases
So you were just involved in a crash and not sure where to turn to pursue a car accident claim. While you may be a responsible and defensive driver, avoiding a crash with a negligent driver isn’t always possible.
There are many reasons why this can happen. For example, the driver who hit you could have been:
- Using a cellphone at the time of the crash
- Driving while impaired by alcohol or drugs
- Driving while drowsy
- Speeding and engaging in aggressive driving
- Failing or refusing to yield the right-of-way
- Driving a car that wasn’t properly inspected or maintained
If you attempt to pursue a car accident claim without a strong legal advocate on your side, the insurance company that represents the at-fault driver may take advantage of you.
They may come across as friendly and dupe you into a recorded phone conversation. Anything you tell them can be used as leverage against your claim. In addition, they may try to convince you that you were somehow at fault for your crash or that you don’t need an attorney.
Their goal is to avoid paying you the compensation you’re entitled to. Even if they do compensate you, it will only be a small fraction of your losses.
That’s why you should always avoid talking to the insurance companies and speak to an experienced car accident attorney who can help you build a strong legal claim right away.
What Evidence Can An Attorney Collect?
When a crash occurs, the at-fault driver may not admit to any wrongdoing. In rare cases, a driver will admit to using a cellphone or falling asleep at the wheel. If a driver is drunk at the time of a crash, an arrest would likely be made and documented on the police report. In most cases, more investigative work needs to be done.
Your claim needs indisputable evidence that your crash was caused by the other driver’s negligence. The only way evidence can be compiled is through a thorough investigation. This may include:
- Hiring a crash reconstruction expert to examine the crash scene
- Speaking to witnesses
- Obtaining video surveillance footage (if available)
- Obtaining dashcam footage from witnesses
- Getting a subpoena for electronic cellphone records
- Checking social media posts (these can reveal if a driver was distracted or consuming alcohol before a crash occurred)
- Obtaining a copy of the police report
How Can I Get Started On My Legal Claim?
The best way to get started on your car accident claim is to do the following:
- Get immediate medical attention if you haven’t already done so. You may still have sustained an injury, even if you don’t feel any pain from your crash. Delayed injury symptoms are common with whiplash, traumatic brain injuries, and internal injuries.
- Report your crash to your insurance company, but only stick to the facts. Do not speak to the other driver’s insurance company.
- Speak to an experienced Ohio car accident attorney who can deal with the insurance companies and help you get the compensation you need to cover your losses. This includes medical costs, wage loss, property damage, and non-economic damages, such as pain and suffering.