In any car accident at fault case, what is most important is not what you know, but what you can prove. If you do not have the evidence that backs up your claims, legally, it would be as if the fact you alleged did not happen. The insurance company and the jury would need evidence that a driver was at fault to either settle your case or award you financial compensation. However, it is not always easy to come up with this evidence, especially when you were injured at the scene and do not know how to be an investigator. This is exactly why you need a car accident attorney for your case.
You Must Prove Fault to Win Your Case
You are not automatically entitled to car accident compensation because the crash happened. Although you may have some type of personal injury protection under your own policy, you would need to prove that the other driver was at fault for them to have the obligation to pay you. Only then could you recover the full scope of your damages, which include things like pain and suffering and emotional distress.
Negligence Is the Legal Standard in a Car Accident Case
To win your car accident case, you must have evidence that shows that there was negligence. The other driver must have done something wrong to cause your car accident injuries. You need to prove four individual elements to show negligence. These elements are:
- Someone else owed you a duty of care.
- They breached this duty by doing something that would be considered unreasonable under the circumstances.
- You suffered an injury.
- You would not have been injured had it not been for the actions of the other driver.
In some cases, there may be a presumption that one of the drivers involved in the accident was negligent. For example, if another driver from the rear struck you, the legal presumption is that they would be to blame for the accident. In other cases, you would need to present evidence that shows negligence. One example is when the other driver fails to yield the right of way, and you are hurt in an intersection accident.
You Need to Meet Your Burden of Proof to Win Your Case
The insurance company and a jury would look to see whether you have met your burden of proof before they determine whether you are eligible for money. In a car accident case, the burden of proof that you must meet is showing your case by a preponderance of the evidence. You do not have to show beyond a reasonable doubt that the other driver was negligent. You must prove that the facts of your case are more likely than not to have occurred.
You only meet your burden of proof by putting forward evidence that can be used to show liability. Your car accident attorney could help you gather the following evidence that could be used to prove your case:
- Witness testimony from people who saw the accident.
- Pictures from the scene of the accident.
- Video footage of the crash.
- The police report from the accident.
- Testimony from an accident reconstruction expert.
The longer you wait to contact an attorney to represent you in the legal process, the greater the chance that the evidence you need to win your case can disappear. Thus, you should seek legal help immediately while the necessary proof is still available.
Contact the New Castle Car Accident Lawyers at McCann Dillon Jaffe & Lamb, LLC
The New Castle car accident lawyers at McCann Dillon Jaffe & Lamb, LLC can help prove fault in your crash, but you need to contact us right away. Speak to an experienced car accident attorney during a free initial consultation by calling us today at 302-888-1221 or contacting us online. Located in Wilmington, Delaware, we serve clients in Dover, Newark, and Middletown.