To prove fault in a Texas car accident case, you must be able to do so by what is called a preponderance of the evidence, which means you need to prove your version is more likely correct than the other party’s. This is done by establishing negligence on the part of the allegedly at-fault driver by showing these four elements:
- The other driver owed you a duty of care to drive safely and avoid accidents.
- They breached their duty of care to you as a fellow driver by engaging in a negligent or reckless action or by failing to act.
- You have injuries and property damage caused by their failure to uphold their duty.
- You have expenses from your damages that must be repaid.
Using Evidence to Prove Negligence
Your actions immediately following a car accident form the foundation for later contesting fault and liability. Here are key steps to take at the scene:
- Remain at the scene and call 911 to report the incident. Leaving the scene of an auto accident can count against you fault-wise if the other driver alleges hit-and-run.
- Take several photos proving damage to both vehicles, skid marks on the roadway, debris from the impact, injuries sustained, and anything relevant to how the crash occurred. Be sure to take wide shots of the entire scene and close-ups of damage and evidence details.
- Make an effort to get contact information for any witnesses who saw the car accident, and ask them to write down a statement of what they observed while it’s still fresh in their minds. Eyewitness accounts can strengthen your case even more.
- If you have a dash cam in your vehicle, share the video footage it captured showing the accident occurring. Also, check for any nearby business or traffic security cameras with footage, as you or your attorney can subpoena it.
- When providing your official statement to police officers on the scene, report as many specific details about how the crash happened as you can accurately recall, but avoid admitting any fault.
- Obtain a copy of the police report containing the responding officers’ assessments of major factors and likely fault determinations based on road evidence and witness statements. If you work with a Texas car accident lawyer, they can obtain it for you.
- Seek medical evaluation and treatment as soon as possible after the accident, even if you feel fine initially. Your medical records will help document any injuries caused by the collision.
Establishing that the other driver engaged in negligence also means you need evidence they engaged in careless or intentional actions that breached their duty of care to you. These behaviors include the following:
- Aggressive or emotional driving (sometimes called road rage)
- Distracted driving
- Driving recklessly
- Driving under the influence of drugs or alcohol
- Drowsy driving
- Failing to drive more carefully in poor weather conditions
- Failing to maintain their vehicle, leading to brake failure or other malfunctions
- Ignoring traffic laws
- Speeding
Once you establish their negligence, you must show that the negligent act is what directly caused your damages and that this was a foreseeable result of their behavior. Your attorney will use sources such as accident reconstruction specialists to testify about the cause and effects of the negligent actions. They will present evidence showing how the greater amount of fault lies on the shoulders of the other driver.
The key to success in a car accident lawsuit is consistency, experience, and robust proof. This is when the strength, quality, and quantity of your evidence become vital to winning your case. Contact our car accident attorneys in Pearland at J.D. Silva & Associates today for more information about your legal options and how we can help.