Determining who is at fault in a car accident can sometimes be difficult, especially where multiple vehicles are involved. To determine fault, an accident victim’s lawyer will typically need to obtain various pieces of evidence, including surveillance footage, photographs, police reports, and other documentation. The lawyer may also need to retain an accident reconstructionist who can visit the accident scene, review the damage, and make an independent determination about how the accident likely occurred and who was responsible.
If you suffered injuries in a car crash, it’s essential that you have a knowledgeable car accident lawyer on board in your case as soon as possible. Your lawyer can immediately begin investigating your car accident, gathering documentation, and pursuing the compensation you need.
How Does Driver Negligence Cause Car Accidents?
Negligence by other drivers can play a significant role in causing car accidents. Negligence refers to a driver’s failure to exercise reasonable care while operating a vehicle. When drivers are negligent, they do not follow traffic laws or behave as a cautious driver would, leading to dangerous situations and, often, accidents.
Several forms of negligence cause car accidents. One common type is distracted driving. This occurs when a driver’s attention is diverted away from the road. Examples include texting while driving, talking on the phone, or adjusting the radio. When a driver becomes distracted at the wheel, they may not notice traffic signals, other vehicles, or pedestrians, increasing the risk of a collision.
Another type of negligence is driving under the influence of alcohol or drugs. Impaired drivers have reduced reaction times and impaired judgment, making it difficult for them to respond quickly to unexpected roadway situations. This can result in erratic driving behaviours, such as swerving, speeding, or failing to stop at red lights, which may lead to serious accidents.
Speeding is another common form of negligence by other drivers. When drivers exceed the posted speed limit, they often reduce their ability to stop or react to hazards in a timely manner. Speeding also means that collisions are more severe, as the force of impact increases with higher speeds. Drivers who speed are more likely to cause accidents that inflict greater damage.
Reckless driving is a broader category that includes behaviours such as aggressive driving, tailgating, and running red lights. These actions show a blatant disregard for the safety of others. Aggressive drivers may engage in behaviours like weaving through traffic or making sudden lane changes without signalling. This unpredictability can lead to accidents if other drivers cannot anticipate their movements.
Lastly, failing to follow traffic laws or signals constitutes negligence. This includes running stop signs, failing to yield the right-of-way, or not using turn signals. Such actions can disrupt the flow of traffic and increase the likelihood of crashes.
Determining Fault for a Car Crash
Determining fault in a car accident is crucial for resolving legal claims and establishing who is responsible for damages. To determine fault, several legal elements and types of evidence are considered.
The first step in determining fault involves proving negligence. In legal terms, negligence occurs when a driver fails to act with the care that a reasonable person would show under similar circumstances. To prove negligence, several elements must be established, including duty of care, breach of duty, and causation.
- Duty of Care – Every driver has a duty to drive safely and follow local traffic laws. This duty means they are expected to drive in a manner that avoids causing harm to others on the road.
- Breach of Duty – To prove fault, you must show that the driver breached this duty. For instance, if a driver was speeding, running a red light, or texting while driving, they are in breach of their duty to drive safely.
- Causation – You must also demonstrate that the breach of duty directly caused your accident. For example, if speeding caused a driver to lose control and crash, there is a clear link between the breach and the accident.
Helpful evidence for determining (and proving) fault in a car accident includes:
- Police Reports – These reports provide an official account of the accident, including the officer’s observations and sometimes an opinion on fault. They also include important details like the location, weather conditions, and statements from the drivers involved.
- Witness Statements – Eyewitnesses can offer unbiased accounts of what happened. Their testimony may help clarify how the accident occurred and who was at fault.
- Photographs – Pictures of the accident scene, vehicle damage, and road conditions can also be valuable when assessing fault. They provide visual evidence of the positions of the vehicles, any visible damage, and the overall scene, which can be critical in understanding the accident dynamics.
- Medical Records – These documents show the extent of injuries and can help to establish how the accident affected the victim’s life. They are also used to link injuries directly to the accident.
- Vehicle Damage – Analysis of the damage to the vehicles can indicate the point of impact and the speed of the collision, helping to determine how the accident happened.
- Traffic Camera Footage – If available, footage from nearby traffic cameras can provide a clear view of the accident and the actions (or inactions) of the drivers involved.
- Expert Reports – Accident reconstructionists and other experts may be called upon to visit the accident scene, obtain forensic evidence, and review footage to make an independent assessment about how the car accident likely happened – and who was at fault.
Common Injuries in Car Collisions Resulting from Others’ Negligence
Car crashes that result from another driver’s negligence can lead to a variety of physical and mental injuries:
Physical Injuries:
- Whiplash – This is a common neck injury resulting from a sudden jerking motion of the head during a crash. Symptoms often include neck pain, stiffness, and headaches.
- Broken Bones – The force of a collision can cause fractures in various parts of the body. Broken bones often require medical treatment, such as casting or surgery, and can lead to prolonged recovery periods.
- Back Injuries – Injuries to the spine or lower back are also common in car accidents. Conditions like herniated discs or spinal cord injuries can result in chronic pain, limited movement, and, in severe cases, paralysis.
- Concussions – A concussion is a type of traumatic brain injury (TBI) resulting from a blow to the head. Symptoms include headaches, dizziness, confusion, and nausea. Concussions can have lasting effects on cognitive function and overall health.
Mental Injuries:
- Post-Traumatic Stress Disorder (PTSD) – PTSD can develop after a traumatic event like a car accident. Symptoms include flashbacks, nightmares, severe anxiety, and emotional numbness.
- Depression – The emotional fallout from a car crash, including ongoing physical pain or the stress of dealing with insurance and legal matters, can lead to depression. Symptoms may include persistent sadness, loss of interest in activities, and changes in sleep or appetite.
- Anxiety – Following an accident, many people experience heightened anxiety, particularly related to driving or being in a car. This can manifest as panic attacks, excessive worry, and avoidance of situations that remind them of the crash.
- Adjustment Disorders – These involve difficulty coping with the changes and stress resulting from the car accident, such as adapting to physical injuries or changes in lifestyle. Symptoms may include emotional distress, trouble sleeping, and difficulty concentrating.
Recoverable Damages Following a Car Accident
In a car accident case, there are several types of recoverable damages that injured accident victims may be eligible to recover. These damages are meant to compensate for various losses and effects of the car accident:
- Lost Earnings – If the car accident causes injuries that prevent you from working, you may be entitled to recover the income you lost while you were unable to perform your job. This includes both the income lost during your recovery time and any potential future income (i.e. if the injuries have long-term effects on your ability to work).
- Pain and Suffering – Pain and suffering damages address the actual discomfort, pain, and emotional trauma experienced as a result of accident-related injuries. This includes ongoing pain, mental anguish, and the overall effect on your quality of life.
- Loss of Consortium – If the accident has negatively affected your relationship with your spouse or partner, you can recover damages for loss of consortium. This compensation reflects the loss of companionship, affection, and support that your spouse or partner suffers due to your injuries.
- Emotional Distress – Apart from pain and suffering, emotional distress damages cover the psychological effects of the car accident. This includes anxiety, depression, or any mental health issues directly resulting from the accident. Emotional distress can be significant, especially if it disrupts daily life or causes long-term psychological problems.
- Loss of Enjoyment of Life – If the car accident has significantly diminished your ability to enjoy activities and hobbies you once loved, you may be entitled to compensation for this loss. This type of damage addresses the reduction in your overall enjoyment and quality of life resulting from your injuries.
- Disfigurement and Permanent Disability – If the accident results in permanent scarring, disfigurement, or disability, you can recover damages for these long-term effects. These damages account for the physical changes and limitations that affect your appearance and ability to perform daily activities.
What Happens During a Car Accident Trial Where Liability is in Dispute?
When liability is disputed in a car accident case, a trial is necessary to determine who is at fault. Here’s what typically happens during such a trial:
- Pre-Trial Preparation – Before the trial begins, both parties prepare their cases. This involves gathering evidence, such as witness statements, police reports, medical records, and expert opinions. Both sides may also exchange information through a process called discovery, where they share relevant documents and evidence.
- Jury Selection – If the trial is held before a jury, the process starts with selecting jurors. The lawyers for both sides ask potential jurors questions to ensure they can be impartial. The goal is to form a jury that will fairly evaluate the evidence and make an unbiased decision.
- Opening Statements – The trial begins with opening statements. Both sides present their version of the events and outline the evidence they will show to support their claims. The accident victim’s (plaintiff’s) lawyer will describe how the at-fault party’s (defendant’s) negligence caused the accident and the damages incurred, while the defendant’s lawyer will explain why the defendant should not be held liable.
- Presentation of Evidence – Each side then presents their evidence. The plaintiff’s lawyer goes first, presenting witnesses, documents, and other evidence to support the claim that the defendant is at fault. This may include testimony from experts, such as accident reconstruction specialists or medical professionals.
- Cross-examination – After each witness testifies, the opposing side has the opportunity to cross-examine them. This process involves questioning witnesses to challenge their testimony and credibility. Cross-examination helps to reveal inconsistencies or biases and test the strength of the evidence.
- Defendant’s Case – Once the plaintiff’s case is presented, the defendant’s lawyer presents their case. They will provide their own evidence and witnesses to argue why the defendant should not be held responsible.
- Rebuttal – After both sides have presented their cases, each side may have a chance to rebut the other’s evidence. This is an opportunity to address any new issues or arguments raised during the trial.
- Closing Arguments – Both sides then make their closing arguments. Each lawyer summarizes the evidence and argues why the jury should rule in their favour.
- Jury Deliberation – If a jury hears the case, they will deliberate in private to reach a verdict.
- Verdict – The trial concludes with the jury’s or judge’s verdict, determining whether the defendant is liable and, if so, what damages should be awarded to the plaintiff.
Speak With an Experienced Car Accident Lawyer About a Possible Case Right Away
If you sustained injuries in a recent car accident that a negligent driver caused, you are not alone. A skilled personal injury lawyer can thoroughly investigate your accident circumstances, obtain evidence, and establish the legal elements of fault and liability in your case. Your lawyer will also do everything possible to maximize the compensation award you receive through settlement or litigation.
