A car accident can result in devastating physical injuries, serious emotional trauma, and financial upheaval. Filing a personal injury lawsuit after an accident may allow you to recover compensation to give you and your family some financial relief during this difficult time.
One of the keys to filing a successful lawsuit after a car accident is establishing that the parties you have named as defendants were at fault for the accident. Only someone who is at least partially at-fault for the accident can be held liable for your injuries and other accident-related expenses.
Generally, the driver of the vehicle that caused your accident will be named as a defendant, as they likely acted negligently in some way. Negligence refers to a breach of duty owed to you, the victim of the accident. In most cases, this negligence refers to a violation of a traffic law or reckless driving. For example, a negligent driver may have run a stop sign, operated a vehicle while intoxicated, or failed to yield the right-of-way. A police report detailing the facts of the accident and traffic citations given to the other driver, police testimony, testimony from expert accident reconstructionists, and testimony from witnesses at the scene, and surveillance footage, can all be useful in establishing a driver’s negligent behavior.
Proving that the other driver was negligent is not enough to establish fault. You will also need to show that their negligence caused your accident and caused you to suffer harm. Generally, causation is established by showing that the accident and/or your injuries would not have occurred had it not been for the negligence of the other driver. Expert testimony, including testimony from doctors and accident reconstructionist can be crucial for establishing causation and the nature and extent of your injuries and damages.
If you establish that the other driver is at least 50 percent at-fault for your accident, you can recover damages to cover your medical expenses, lost wages, and other costs. A personal injury attorney in your area can review your case and help you collect the evidence necessary for a successful lawsuit.