Liability and Negligence Evaluation by Car Accident Attorneys

Driving a car comes with certain responsibilities. You have to make sure you are in complete control of your mind and body before taking to the roads. Failing to do that, you may end up causing a car accident. You should also know that as a driver, you will be held legally accountable for your actions once in a crash. In the following post, we are going to explain to you how car accident lawyers determine liability and negligence. So without further ado, let’s get started.

What do you stand to gain by reading this post?

• Understanding the role of car accident lawyers in the accident case.
• What evidence do Car Accident Lawyers rely on for each accident case?
• How can comparative negligence reduce or bar a claim?
• The role of expert witnesses.
• Understanding causation and its impact on claims.
• Learn about what can improve your chances to win a car accident case?

What is Liability?

To put it simply, Liability refers to the state of being legally responsible for something. In car accident cases, the liability of drivers involved in an accident needs to be determined. This is usually done by state authorities or any other authorized entity. The determination of liability helps to establish the driver who was responsible for the accident. In the subsequent steps of filing a compensation claim, evidence has to be presented to prove that the other party is to blame for the accident.

What is Negligence?

Negligence can be defined as the failure to maintain a certain standard of care or a level of conduct that can prevent any harm from being caused by a driver. Negligence also refers to the driver’s lack of sense of responsibility while driving on the roads. In cases where the driver is accused of negligence, it has to be proved before a court of law that the other party was negligent while driving and that is the reason the accident happened.

How do car accident lawyers determine negligence?

It is the role of a car accident lawyer to prove that the other driver was negligent while driving on the road. Car accident lawyers do this by collecting sufficient evidence and presenting it before a court of law. Working with an experienced Tampa Car Accident Lawyer can help victims navigate this complex process effectively.

How do car accident lawyers determine liability?

Car accident lawyers will need to find evidence to prove the fault of the other driver. In the case of establishing the liability of the driver, lawyers rely on evidence such as:

• The police’s official accident report
• Video footage that might have been recorded.
• Testimonies from eye witnesses
• Photographs and/or video recorded of the scene of the car accident.
• Documents from the hospital that was attended to by the other driver.
• Documents containing the declaration of the collision

It is very important to know that the first step in establishing liability in a car accident is the issuing of a Police’s report. This document contains the facts of the matter including the details of the drivers involved, a general account of how the car accident happened, and sometimes the state traffic rule that was violated. The testimony of the accident officer, where they give a detailed account of what they observed at the scene of the accident will also be useful. However, the issuing of a police report does not in any way determine the liability of a driver.

It is worth noting that police accident reports are usually drafted by state authorities. It is also used as one of the sources of evidence by insurance companies.

What evidence is used in a car accident case?

In filing a compensation claim, evidence has to be presented to prove that the other party is to blame for the accident.

Evidence of liability can include, but is not limited to, the following:

• Photos taken at the scene of the accident.
• Pictures of any injuries sustained.
• The account of witnesses and friends.
• Video clips
• The account of an accident reconstruction expert.

The evidence collected is used to prove two important aspects, negligence and causation. The lawyer can help you obtain this evidence.

The role of comparative negligence

Comparative negligence refers to the possibility of the victim of an accident being partially responsible for the accident. This part of the law ensures that the fault of both parties is considered before the liability of a driver is established. Comparative negligence has the potential of lowering a claim or completely removing the case.

It should be known that when comparative negligence is an issue in your case, there are two legal systems used in different states. These are the Pure Comparative Negligence system and the Modified Comparative Negligence system.

In the Pure Comparative Negligence system, it allows the victim of an accident to recover damages from the at-fault driver. However, this will be reduced by the percentage of fault the victim is liable for.

The Modified Comparative Negligence system is a little bit different, here if the victim of the accident is found to be more than 50% at fault in a few states or 51% in other states, no compensation can be collected from the other driver. However, if it is less than this percentage, the accident victim is allowed to sue the other party for damages.

For example, if a driver A causes an accident because he ran a red light, and the other driver B had also caused the accident because he/she was speeding, the lawyer will take care of the whole process. The lawyer will reduce the percentage of the client who was at fault.

Why do insurance companies fight liability claims?

Insurance companies will most times try to claim that their clients were not at fault and thereby refusing to pay damages. It is the car accident lawyer’s responsibility to make sure that the evidence of the case is sufficient enough for the insurance company to be able to pay.

The statistics tell the story. According to NHTSA data, an estimated 39,345 people died in motor vehicle crashes in 2024. With approximately 6 million accidents annually, insurance companies process millions of claims each year.

How are expert witnesses used to determine fault?

Expert witnesses in a car accident case can be made use of by a lawyer to strengthen the case. Expert witnesses may include any of the following:

• A medical expert. This witness will have the responsibility of linking any injuries the victim may have suffered to the accident.
• A traffic accident accident reconstruction expert
• A traffic or civil engineer.
• An accident reconstruction expert
• A vehicle mechanical expert.

Accident reconstruction experts usually make use of the principles of physics, vehicle damage, paint comparison, road markings, etc. to help them in the process of an investigation on how the accident took place.

How do car accident lawyers prove causation?

This process involves the plaintiff having to present sufficient evidence in a court of law. To do this, the lawyer will need to present evidence such as a report by an expert medical practitioner showing that the victim’s injuries were caused by the accident and also the declaration of collision.

Proving causation is one important process that if not carried out properly, can lead to the victim losing the case even though the other party was at fault. This is why it is very important to consult a car accident lawyer.

Pulling it All Together

If you or your loved one has been involved in an auto accident, do not hesitate to contact us for a free consultation. Car accidents are often traumatic. Let us take the weight off of your shoulders and fight for the compensation you deserve.