Proving negligence when filing a car accident lawsuit

| Sep 24, 2020 | Auto Accidents

If you have been in an accident involving another vehicle, there is a good chance that the accident was caused by the other driver’s negligence. But how do you prove it? If you decide to file a lawsuit in Georgia against the other driver involved in your collision, you will need to back up your claims of negligence with solid evidence to convince the judge or jury that the other driver’s negligence caused your accident and injuries, making them liable for damages.

What is negligence?

Motorists owe a duty to other motorists, passengers, pedestrians, and bicyclists on the roadways to adhere to traffic laws and operate their vehicles safely. A motorist is negligent when he or she breaches this duty and causes an accident and injuries to another person. Generally, when you file your complaint against the other driver in your accident, you will assert a claim for negligence, saying that the driver drove recklessly or negligently. Driver negligence may include:

  • Exceeding the speed limit or driving at an unreasonable rate of speed for the conditions
  • Failing to timely apply the brakes
  • Following too closely
  • Running a red light or stop sign
  • Driving under the influence of alcohol or drugs
  • Failing to pay attention or driving while distracted

Proving negligence with evidence

Proving negligence in a car accident lawsuit may require documentation and testimony. Evidence may include:

  • Police reports including details about the accident, traffic citations issued, and the police officer’s evaluation of fault.
  • Testimony from people who witnessed the accident.
  • Testimony from accident reconstructionists regarding causation
  • Medical records, wage statements, and other documentation proving the damages suffered by the victim.
  • Testimony from the victim’s physicians and medical experts as to the nature and extent of the alleged victim’s injuries and the reasonableness and necessity of the treatments undergone by the victim.

Filing a personal injury lawsuit after a car accident is never easy, but an attorney in your area can help gather the necessary evidence to prove your case and give you the best chance at recovering compensation for your injuries and damages.