How to Prove Negligence in a Car Accident

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When someone else causes a car crash, they should be responsible for covering the costs of your injuries and other losses. However, to obtain the compensation you deserve, the law requires you to prove their liability. This involves proving they were negligent in causing the accident. 

While the driver’s negligence might seem obvious to you, proving it in legal terms can be much more complicated. Always contact a Reno, NV, car accident lawyer from Kidwell & Gallagher Injury Lawyers to handle this process for you. 

Building a Strong Case

Insurance companies will not volunteer to pay you a settlement. Instead, they want you to prove their policyholder’s liability through evidence, addressing each legal element of negligence. Having a Reno car accident attorney is essential from the start of this process. 

Gathering Evidence

To prove negligence in a car accident case, you need strong evidence that demonstrates the other party’s fault. Here are some crucial steps to help you and your lawyer gather the necessary evidence:

  • Take photos and videos: Document the accident scene, including vehicle damage, skid marks, road conditions, and injuries. Visual evidence can be compelling in establishing fault.
  • Collect witness statements: Speak to any witnesses at the scene and ask them to provide their contact information. Eyewitness testimonies can support your version of events.
  • Obtain the police report: If law enforcement responded to the accident, request a copy of the police report. It often contains valuable details and assessments of fault.
  • Retrieve medical records: Seek immediate medical attention after the accident and keep a record of all medical treatments and expenses. Medical documentation can demonstrate the extent of your injuries and their connection to the accident.
  • Preserve relevant documents: Keep copies of all documents related to the accident, such as insurance policies, repair estimates, and correspondence with the other party’s car insurance company.

Establishing Negligence

To establish negligence, your attorney must prove the following elements:

  • Duty of care: The other party had a legal obligation to exercise reasonable care while driving to avoid causing harm to others.
  • Breach of duty: The other party failed to uphold their duty of care by acting in a negligent or reckless manner, such as speeding, running a red light, or driving under the influence.
  • Causation: The other party’s breach of duty directly caused the accident and resulting injuries.
  • Damages: You suffered actual damages, such as medical expenses, property damage, lost wages, and pain and suffering.

By presenting compelling evidence, your lawyer can demonstrate the negligence of the other party and strengthen your claim.

Reno Car Accident Attorneys Ready to Help You

If you’ve been involved in a car accident in Reno, Nevada, and need assistance proving negligence and securing fair compensation, turn to Kidwell & Gallagher Injury Lawyers. Our experienced legal team understands the complexities of car accident cases and is committed to fighting for your rights. 

Contact us today to schedule a free consultation. We are here to guide you through the legal process and ensure you receive the compensation you deserve.