The burden of proof is the minimum legal requirement to be met when filing a car accident case. While you may have encountered the term in criminal lawsuits, it applies equally to civil claims. The plaintiff needs to show that the accident was likely not to occur if the defendant was not careless.
Car accident cases are usually based on negligence. This entails showing how another party’s actions or failures resulted in the accident. Thus, what you have to prove in a La Porte car accident case is the primary elements of negligence. This can get complicated quickly, which is why it’s wise to contact a car accident lawyer in La Porte to help with your claim.
Here’s a look at what you need to prove in your case, including the elements of negligence and evidence you and your attorney may need to gather:
Duty of care
Duty of care is the first element that claimants must demonstrate in a car accident case. It refers to another party’s obligation, especially drivers, to act reasonably in a manner that doesn’t jeopardize the safety of other road users. For example, drivers must yield to pedestrians at a crosswalk.
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Breach of duty
In a car accident lawsuit, a breach of duty occurs when a driver or any other party violates the expected standard of care in given circumstances. A breach can be an action or inaction. Examples include failure to yield, speeding, aggressive driving, and distracted driving, contrary to state traffic laws.
Causation
The third element of negligence that you need to prove in a La Porte car accident case is causation. This involves your La Porte personal injury lawyer demonstrating how the defendant’s breach of duty caused the accident. In other words, the accident and resulting consequences would not have happened but for their negligence.
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Damages
The final element you must show in a car accident claim is damages. They represent the actual losses suffered by the plaintiff. Compensatory damages in a car accident case may be tangible or intangible. They include lost income, medical expenses, vehicle repair estimates, etc.
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Important Evidence to Support Your Car Accident Case
You cannot recover compensation for your injuries or losses unless you prove the accident was another party’s fault. Some of the most critical pieces of evidence you may use to support your claim are:
Police Reports
Police reports are among the most reliable evidence in car accident cases. They provide unbiased accounts and details of a crash and contain vital information such as the day, time, date, location, and accident cause.
Investigating teams may also capture details regarding weather and road conditions, driver behaviors, or potential traffic violations. Such information is vital for determining fault and proving damages.
Eyewitness Statements
Eyewitness accounts offer a first-hand perspective of the moments and events leading up to a crash. While driver statements are also admissible, witnesses provide unbiased observations primarily because they have no personal stake in the matter.
Their statements can provide further details about driver behaviors, weather conditions, and whether traffic laws were violated. Eyewitness testimonies are crucial, especially when the involved parties give conflicting information or when there is no physical evidence.
Photos and Videos
Another set of evidence you need to prove a La Porte car accident case is footage from dashcams, photos, and videos of the scene. They are invaluable because they visually record the events before and after an accident. Some key details captured are the position of vehicles, traffic signals, road conditions, weather conditions, and driver behaviors.
Traffic footage offers clear documentation of the events that unfolded. These details are vital for proving fault and damages.
Expert Testimonials
Expert testimonials are specialized and professional insights that help clarify complex issues regarding a car accident and its consequences. They offer detailed analysis crucial for establishing liability, proving causation, and demonstrating damages.
As trained professionals, expert witnesses explore their technical and scientific knowledge to explain the circumstances surrounding a crash and its impact.
Financial experts, medical experts, accident reconstruction specialists, mental health experts, and vocational experts are the most common. Their objective and informed opinions are key to strengthening and proving your car accident case.
Vehicle Black Box Data
Many modern vehicles are equipped with Event Data Recorders (EDRs), popularly referred to as “Black Boxes.” They record real-time events and information regarding the vehicle’s performance as well as the driver’s actions.
Recorded data includes speed, airbag deployment, throttle positions, and braking activities. These details are crucial for determining the events preceding a crash.
Need Help Proving a La Porte Car Accident Case? Our Attorneys May Help
If you have been injured in a car accident anywhere in La Porte, someone likely caused it. But you can only be sure if thorough investigations are conducted. You can trust our car accident lawyers to represent you tenaciously throughout the claim process.
Get a free case evaluation today by contacting the team at Lone Star Injury Attorneys. We will only collect a fee once you get compensated.
Call or text (713) 429-0711 or complete a Free Case Evaluation form
