How Is Fault Typically Established in a Car Accident Claim?
When you’ve been injured in a motor vehicle accident, you have a right to seek full and fair compensation for all your losses. To successfully recover damages, you must introduce evidence to convince the jury that the defendant’s carelessness or negligence caused your injury. What are the common types of evidence used to prove such an allegation?
The Different Types of Evidence in Auto Accident Cases
There are generally four important types of evidence commonly introduced in a motor vehicle accident lawsuit:
- Evidence gathered at the scene and time of the accident, primarily related to the cause of the accident
- Evidence gathered at the scene, but after the accident,
- Evidence of physical injuries sustained, typically gathered in the days, weeks, months and even years following the accident
- Evidence of any other losses, from property damage to loss of enjoyment of life or loss of companionship or consortium
The Types of Evidence Obtained at the Scene of the Accident
The evidence collected at the scene and in the immediate aftermath of the crash can include such basic things as name and contact information for all parties to the accident, as well as any eyewitnesses. You can also get pictures of your injuries, damage to vehicles, weather conditions or roadway defects.
Evidence can still be gathered after the accident is cleaned up, though. Experts may come in and measure skid marks as a part of accident reconstruction. Roadway defects, such as broken signs or negligent roadway design, can also be determined after the accident.
Evidence about Your Physical Injuries
Most evidence related to your physical injuries will come from medical professionals. You will likely introduce evidence from your doctors, but the defendant may also ask that you submit to a physical examination. Medical experts may be called upon to testify regarding the long-term prospects for care and recovery.
Evidence about Other Types of Losses
Property damage is typically established through pictures, repair bills or costs of replacement of lost items. Loss of enjoyment of life or loss of companionship/consortium may come through your own personal testimony or from the testimony of others.
Contact the Law Offices of David J. Karbasian, PC
Send us an e-mail today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment to discuss your personal injury claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.
