How Do You Prove Liability in a Car Accident Case? Advice from an Accident Attorney in Hobbs, NM

How Negligence Is Determined

Liability in a car accident case usually depends on proving someone's negligence. There are several aspects required to prove negligence in legal terms. First, there must be a clear duty of care required of one person for another person. "Duty of care" is not difficult to establish in car accident cases, since anyone behind the wheel of a car is automatically presumed to have a duty of care to others, which should be expressed through their careful, law-abiding driving.The two main aspects needed to prove fault in car accident cases are showing that someone breached their duty of care and that their breach of duty directly caused the incident and the resulting damages. A legal concept known as “reasonable person standard” is generally used to determine breach of duty. The "reasonable person standard" means simply asking what a reasonable driver would have done under the same circumstances. If a driver's behavior falls short of this standard, they may be legally negligent.

Traffic Laws and Violations

Did anyone involved in the accident run a red light or fail to yield? Was anyone speeding or texting while driving? Was someone under the influence of drugs or alcohol? If there are clear traffic violations, establishing who is at fault can be fairly straightforward.

Evidence from the Scene

Evidence from the accident scene itself is important to help everyone understand what happened, when it happened, and who was involved. Get a copy of the police report and also any records of physical evidence at the scene that shows what happened. Do you have photos or videos of the accident scene? Think skid marks, road conditions, and nearby traffic signals, as well as vehicle damage.People who were there at the time and saw what happened can also be a very valuable source of evidence. Ask eyewitnesses if they can give a written account of what they saw happen. Unbiased eyewitness accounts are very helpful in answering questions of liability, since they can corroborate your story and might even give details that you weren't aware of.

Surveillance or Dashcam Footage

Footage from dashcams and surveillance cameras can often be used to show precisely what happened leading up to and during an accident. The actions of the other driver or traffic violations that were happening nearby may have been caught by your or another person's dashcam or by surveillance cameras from businesses or traffic cameras at intersections.In some cases, dashcam or surveillance footage captures witness reactions and helps verify witness statements. Visual records like these can provide a clear, unbiased view of the circumstances of the accident.

Assessing Vehicle Damage

The type and extent of vehicle damage typically help to tell the story of how the accident occurred and who was responsible. For example, damage to the rear of a vehicle often suggests the other driver rear-ended you (which is typically considered the following driver's fault).Angles and impact points can help investigators figure out the speed, direction, and relative positions of each vehicle at the time of the collision. Repair estimates from mechanics can also help. If the repair costs are unusually high, it may indicate the impact was severe and could support claims that the at-fault driver was acting recklessly or driving at a high speed.

Medical Records

To prove negligence, you must also show your injuries were directly related to the accident. Medical records and documentation of treatment help to give a timeline that connects the injuries to the incident. These records also help prove how much harm was caused by detailing the severity of injuries, as well as the resulting pain and suffering. Good medical documentation helps prevent arguments that injuries were pre-existing or unrelated to the accident.

Expert Testimony

Expert testimony could also be used to determine liability if it's unclear or disputed. Accident reconstruction specialists use physics, engineering, and other scientific principles to analyze the circumstances of the accident. Factors such as vehicle speeds, angles of impact, braking distances, and the condition of the vehicles after the accident all could be used to reconstruct how the event likely happened.Medical professionals might also be called on to give testimony linking injuries directly to the accident. This is especially useful for establishing causation, when proving negligence. Medical experts can be helpful in explaining the complicated physical repercussions of the accident that may be hard to demonstrate clearly through eyewitness accounts or physical evidence.

Understanding Comparative Negligence

The states of New Mexico and Texas both follow the principle of comparative negligence. This means that if both drivers were partially at fault, liability may be shared. The injured party can still seek compensation even if they were partially responsible. The damages they are awarded, however, will typically be reduced by the same percentage as their fault.

Insurance Companies and Liability

Insurance companies almost always conduct investigations before they approve any claims, and insurance adjusters will review the evidence from the accident and check the police report. They may also follow up with witnesses to confirm the accounts of what happened. They will make a determination of liability and fault; but you need your own lawyer for protection. One of the main goals of an insurance company is to minimize payouts: they are businesses and want to remain profitable! It is far too common for insurance adjusters to attempt to shift some or all the blame to the injured party so the insurance company can pay less (or even nothing at all).Keep your own records, collect your own evidence, and consult with a personal injury attorney for advice and support in the process. If you have an attorney, you can always refer the insurance company to your lawyer.

Working with a Personal Injury Attorney

A personal injury attorney has specific training and experience in personal injury law. They will know how to gather evidence that will clearly prove the facts of the case, they are aware of how liability is determined, and they can help you analyze the circumstances of your case and assess your own personal liability (if any) in the incident.One of the best things about having a personal injury attorney on your side is having someone to go to bat for you. In cases where liability is unclear or is disputed, you will most likely need to communicate about legal issues, either dealing with the insurance company or representation in the court. It can be a relief to have someone else handle all communication; someone who knows how to be careful from a legal perspective about what to say and what not to say.If you've been involved in a car accident and need to prove liability, reach out to Cesar Ornelas Law in Hobbs, NM and throughout New Mexico and Texas for experienced guidance and dedicated representation.