How to define Opposite Driver Negligence in a Car Accident?

How to define Opposite Driver Negligence in a Car Accident?

So the unexpected happened, and you found yourself in a car accident, saved by the airbag. You slowly leave your vehicle and regain your senses. Before you realize it, you have several injuries all over your body, you feel disoriented and you have no idea what just happened.

This is a typical “car accident” scenario, for those lucky enough to survive it. If this happened to you, you will want to maximize your odds of obtaining the highest compensation possible for your damages. Before you realize it, you will start worrying about:

  • Your medical bills
  • Your lost wages
  • Your car repairs

All of this costs money, and with your current financial situation, you are not sure that you can afford all of it. Luckily, filing a claim against the party responsible for causing the accident could help you with your problems. The question is: how do you prove that it was the other party’s negligence that caused the accident, and not yours?

Here is how negligence is defined following an accident.

Breach of Duty of Care?

The first thing that every investigator will check is the breach of duty of care. This involves the following:

  • Was any of the vehicles in the opposite lane?
  • Was any of the drivers in an unusual position?
  • Did any of the drivers disobey the traffic laws and regulations?

Even though most of these things cannot be seen right away, with a simple reconstruction almost every investigator will be able to come to the bottom of the accident.

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The next thing that you have to prove is that the other party’s breach of care actually caused your injuries. This is usually related to one another, but it could be difficult in some very specific cases.

Damages Sustained

The next in line are the damages sustained from the accident. Along with your attorney, you have to put everything on paper and have a final number associated with your damages sustained in that accident. If you are unable to determine your total costs and damages associated with the accident, you may get a reduced amount.

Police and Medical Report

Additional information can be gathered from the police and medical reports. Both of these reports are related to the accident, one proving how the accident happened and what caused it, and the other proving that your injuries came from these accidents.

In addition, if there were any witnesses involved, their statements could greatly help your case and proving that it was indeed the other party’s negligence that caused the accident.

If you need help collecting any of those statements or any other evidence associated with your case, our Car Accident Lawyers in Pittsburgh are at your disposal and will gladly help you obtain the evidence.