How Can an Attorney Help Me Prove that the Other Driver was At Fault?

After a car accident that was not your fault, you will be owed compensation from the other driver's insurance company. But to get that compensation, you will need to prove that the other driver was at fault. Unfortunately, doing so is not always easy. There are some cases where the other driver’s culpability is obvious, such as if they were speeding or driving drunk. However, other causes can be more difficult to prove, such as if the driver was fatigued or distracted while they were driving.

If that situation applies to you, then you will need the help of a personal injury attorney to help prove that the other driver caused the accident. The attorney will be able to conduct a thorough examination of the accident and will be able to harness resources unavailable to the average person. So, if you want to prove that the other driver was at fault for your car accident, contact a personal injury lawyer. You can click to learn more.

Situations Where Proving Fault May be Difficult

Many car accidents are straightforward enough that determining who is at fault is relatively easy. However, some causes of car accidents can be hard to prove because there is no readily available evidence of the driver’s negligence. The following are some of those situations:

? Driver Fatigue - A tired driver is a dangerous driver because they could briefly drift off to sleep and cause an accident. When that happens, it can be difficult to prove that the driver was tired when they crashed since the shock of the accident would leave them awake and alert by the time the authorities arrive.
? Driving While Distracted - There are all manner of distractions that could get a driver’s attention, from eating or drinking while driving to personal grooming to chatting with passengers. Since the driver will no longer be engaging in those actions after the crash, proving they were doing them before the crash can be difficult.
? Texting While Driving - Texting is a dangerous activity to engage in while driving because it is highly distracting. Unfortunately, it is not easy to prove that someone was texting before they crashed into someone else.

How an Attorney Can Help Prove Fault

In cases where the driver was speeding, driving recklessly, or driving while intoxicated, fault is easy to prove because there will be ample evidence of the driver’s negligence. In other cases, the attorney will have to dig a little deeper. If the driver was texting while driving, the attorney could subpoena their cellphone company to get their usage records. The attorney can check those records to see if they sent or received any texts just before the crash.

Driver fatigue is more difficult to prove but not impossible. Signs of tired driving include drifting out of the lane or failing to press the brake in time. Witnesses and surveillance cameras could have noticed the driver’s behavior. The attorney might also be able to find out how long the driver was awake and whether they had enough sleep.

Proving distracted driving can be done by looking for any discarded materials in the vehicle, such as open food containers, bottles, or dropped grooming equipment, like a comb or makeup kit. A lawyer can also get a passenger to admit the driver was talking to them when the accident happened. It isn’t always easy to prove who was at fault for an accident, but a lawyer can help you find out.

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Posted - 04/19/2022