How to Prove Who Is at Fault in a Car Accident Case
When you have been involved in an accident, you might be wondering who determines who is at fault. Well, here in the Sunshine State, the answer is a judge. But how does the judge make his or her decision? The answer is by using information collected from the parties involved in the accident, their insurance claims adjustors, the police officers who responded to the accident, and your car accident lawyer in Hernando County, FL.
There are four important elements that the judge uses when establishing fault in a car accident case. They include:
Duty of Care – The responsible driver held a legal duty of care for the safety and well-being of the injured party.
Breach of Duty – The responsible driver breached their duty of care through negligence or intent.
Causation – This breach of duty caused the accident to occur.
Damages – The accident resulted in losses and expenses.
Some of the common forms of evidence used to help determine these elements include police reports, witness statements, expert witness reports, photo or video evidence from the scene, and damage reports. While the police report can sometimes indicate who is at fault, this is not always the deciding factor. That is why it is a smart idea to work with a car accident attorney capable of accurately recreating the scene of the accident for the judge to help them better determine exactly what happened and whether the evidence points to another responsible party.