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How Do You Prove Negligence in a Car Accident?

In a car accident claim, it will be you against the driver who hit you. More specifically, it will be you against their insurance provider who is trying to not pay you anything. To fight for as much compensation as you deserve, you have to keep your liability as low as possible, which means convincingly proving that the other driver was the negligent one.

Negligence in legal terms is an act of wrongdoing that another person reasonably wouldn’t have done if they were in the same situation. Drivers can act with negligence in many ways, like drunk driving, speeding, texting while driving, talking to passengers, etc. To boost your claim’s validity, you will want to focus on proving what negligence act the other driver was doing and how that contributed to the crash.

Negligence in a car accident claim can be proven by using:

  • Dashcams: Video footage cannot lie and is not easy to misinterpret. If your vehicle or the other had a dashcam that was rolling, then you need to tell your car accident attorney about it as soon as possible, so they can take steps to preserve that evidence. The footage could show the other driver racing through a red light, for example, or maybe it will catch audio of them playing with their phone behind the wheel.
  • Eyewitness statements: People who saw your crash from an outside perspective might have had the best view of what really happened and why. Eyewitness testimonies you collected from passersby and other drivers should be analyzed by your attorney. You can also get their contact information and then forward that to your lawyer to reach out to them to collect statements if you have not already done so.
  • Police reports: Insurance adjusters tend to back off when a police investigation gets involved with a car accident claim. Police officers who respond to a crash will create a report later about what they saw. They might even write down who they think is the liable party. If a police officer came to your crash to help direct traffic or provide first aid, then let your attorney know. They can contact local precincts to track down that report and see if it contains anything useful.

Call (361) 678-3233 and speak to Cole, Cole, Easley, & Sciba, P.C. about your car accident if you need help proving negligence, dropping your liability, and pursuing compensation. We have three attorneys on our team who are Board Certified by the Texas Board of Legal Specialization in Personal Injury Trial Law. To earn this title, they had to prove themselves in a rigorous test that only a fraction of attorneys will ever even attempt. In other words, you can certainly trust us with your car accident case.

Contact us now. We help clients in Texas and nationwide for some cases.

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