Except in no-fault states, the driver that has been blamed for a given crash must assume financial responsibility for any injuries or other losses. The driver’s insurance usually covers the costs created by that responsibility.
How can a claimant/plaintiff offer proof of the other motorist’s fault?
A proof of fault usually emerges from proof of negligence.
There are 4 elements in a satisfactory proof of negligence.
–What was the law, the duty that the drive owed to other drivers on the road?
–Did either party fail to follow the traffic laws? If so, that same party had breached his or her duty.
–Did that breach of duty cause the other party to suffer an injury?
–Did the injured victim suffer measurable losses?
If all 4 of the above questions were to have a “yes” answer, then that fact would qualify as proof of negligence, which would also be proof of fault.
How could a lawyer for the plaintiff have proof of negligence?
That proof would have to come from a list of items of evidence.
–The police report: That might contain mention of a ticket. It might contain some reference to a malfunctioning part, such as a taillight. Alternately, it could describe the location of the damage.
–Pictures of the damaged vehicle: as per personal injury lawyer in Grand Prairie know that would show the location and extent of the damage. Sometimes the damage’s location has the ability to cast doubt on the veracity of certain statements. For instance, damage to a side door would not match with a claim that the driver of the car with the same damage had driven into the other vehicle.
–Witnesses: These should be objective witnesses. Someone that had been riding in one of the involved vehicles would not be a good witness. In addition, any witness should have had a good view of the accident, or should have heard a sound that offered a clue as to how the accident took place.
–Traffic laws: Those should show whether or not one of the drivers had failed to obey all of the rules of the road. That would include the rules in the manual, as well as those posted on any signs.
–The claimant’s medical report: That should explain the nature and severity of any injury. It might have details on the emergence of a slow-to-appear symptom. It might also contain a remark about the possible need for further medical operations.
If there were to be more operations or other procedures, then those should be described in an extended medical report. Any reports made by the treating the physician could offer details on the prescribed treatment. Those details might offer a link to some complication.