How to Prove that the Other Driver is at Fault in an Auto Accident
If you sustain injuries in a car accident and you want someone else to compensate you for those injuries, it is necessary to prove that someone else was at fault for the accident. Proving that someone else is at fault will make it easier to receive payments from their insurance company and will also be important if your case ultimately results in a lawsuit. Here are a few different places you can look to determine who is at fault for your accident.
Police Reports Prepared as a Result of the Accident
Oftentimes police officers will come to the scene of the car accident to prepare a police report. This is especially the case if someone is seriously injured during the accident. When a police officer prepares a police report, he will generally conduct an interview with all of the individuals involved in the accident. He will also observe the scene of the accident and record his observations. Sometimes the police officer will state his judgment in the police report about which drivers violated traffic laws and if anyone acted negligently or recklessly. No matter what the officer includes in the police report, it will be an important tool for you to determine whether you should seek compensation from another party and to prove to an insurance company or court that you are entitled to be compensated for your injuries.
State Traffic Laws
Another important place to look to determine whether you are entitled to be compensated for your injuries is the state’s traffic laws. If another driver violates traffic laws at the time of the accident, then it will be much easier for you to receive compensation for your injuries. This is because of a legal doctrine known as negligence per se. An individual who violates a statute will be liable under negligence per se if the injury he caused was the type of harm that the statute was designed to prevent, and that the person injured was a member of the class of people that the statute was designed to protect. For example, suppose that someone is driving over the speed limit and the driver subsequently hits another car as a result of his speeding. The laws that prohibit speeding are designed to prevent car accidents, and people in other cars are the type of people who are being protected by speeding laws. This situation would meet the elements of negligence per se, and the speeding driver would almost certainly be liable for any injuries he caused to the people in the car that he struck.
If you have been involved in a car accident and believe that someone else should be held responsible for the injuries to yourself and to your property, contact the experienced West Palm Beach auto accident attorneys at Pike & Lustig, LLP for a consultation.