How To Prove The Other Driver Was Negligent

If you were involved in a car accident and are now considering a personal injury claim, you may feel certain that the other driver was at fault in your crash. However, just because you are sure the other driver was negligent does not mean insurance companies or courts will agree.

To build a strong case for compensation, you need supporting evidence. At the Law Offices of Magnuson Lowell P.S. in Redmond, we have decades of experience seeking compensation for injured victims. We know where to look for evidence and will be aggressive in building a strong case on your behalf.

What Does Negligence Mean?

Under the law, four things must be proven to demonstrate that the driver who caused your crash was negligent:

  1. The driver owed you a duty of care.
  2. The driver breached that duty.
  3. The breach of duty caused your injuries.
  4. You suffered because of the driver's actions.

While all drivers owe each other a reasonable duty of care on the road, the more difficult part is showing that the other driver's actions caused the car accident, which caused your injuries and you suffered because of it.

Finding Supporting Evidence

Supporting your argument with strong evidence is the best way to ensure a successful claim. There are several places to look for evidence that bolsters your claim:

  • Police reports: If police came to the scene of your accident, there should be an official report. If the responding officer thought the other driver was negligent in some way, it should be in the report.
  • Violation of traffic laws: If the driver who hit you was violating a traffic law at the time of your accident — running a red light, for example — it could help support your case. You can check the police report to see if the driver was issued a ticket.
  • Type of accident: In certain types of accidents, it is more clear that one driver was at fault. Rear-end and left-turn collisions, for example, are almost always caused by the driver doing the rear-ending or turning left.

Establishing Damages

Proving that another motorist caused your accident is not enough to have a successful claim. You must also demonstrate that you incurred damages as a result. At our firm, where appropriate, we will seek to show the full extent of your injuries by collecting documentation such as the following:

  • Medical records and bills
  • Witness testimony
  • Testimony from your health care providers
  • Evidence that you followed your doctor's recommendations
  • Medical appointment records that show you consistently sought care after your accident
  • Wage loss documentation from your employer or others

If necessary, our team will also locate experts to speak to the severity of your injuries. We know how important the outcome of your claim is — your ability to recover depends on it. We will fight to achieve maximum compensation on your behalf.

Meet With Your Lawyer To Learn More

In a free consultation, our attorneys can begin assessing your case and answer any questions you have about proving fault in a motor vehicle accident. To schedule yours, call us at 425-242-4021 or 888-312-9484 or contact us online.