How do you prove who was at fault in a car accident?

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Proving Liability And Damages At Trial In A Fort Worth, Texas Car Accident Case

This is the fourth post in our series on the handling of car collisions in Fort Worth, Texas. Our last article discussed the issue of comparative fault in car accidents. We also provided information on when fault can be a bar to recovery and the role juries play in this process. An experienced personal injury attorney can assist in gaining compensation even if were you partially at fault for the accident. In this article we will discuss how to prove liability and damages at trial. Contact a lawyer immediately if you require assistance.

As we discussed in our previous post, personal injury victims who are 51% or more at fault in an accident will be unable to recover damages in Texas. However, for those that are permitted recovery, there must be some sort of evidence of other driver’s liability.  Common evidence which can be used to prove liability include:

  • Witnesses who were present at the scene
  • Video and photographs
  • Police reports
  • Phone records

These forms of evidence are especially helpful at trial because they offer an outside account of what occurred before, during, and after the accident. Witnesses at the scene may be able to corroborate your story or offer a version of events that proves the other driver was more responsible than you were for the accident. Furthermore, videos and photographs are excellent ways of showing the damage done to your vehicle and even visible injuries. Likewise, a police report may include statements from both drivers and those near the scene. Furthermore, phone records are also used as a way to show liability. If records show that the other driver was texting or in the midst of a phone call at the time of the accident, this may persuade the jury to assign that driver a greater percentage of liability.

There are other forms of proof that may be admissible at trial as well. Evidence of medical bills, lost wages, and estimates from a mechanic are used to prove damages. In some cases, it may be necessary to retain an expert who can speak to your current or future ability to perform a job. If it can be proven that you have sustained injuries that would make employment difficult, then a jury may be inclined to award you damages that reflect that. This is why it is crucial that you contact a personal injury lawyer immediately after an accident. An experienced attorney can begin a full investigation into the facts of your case and obtain the relevant evidence needed to prove liability and damages. These cases can be fact-intensive and the sooner an investigation begins, the sooner a case can be constructed on your behalf. If you or a loved one has been the victim of a car accident then contact counsel immediately. The concepts discussed above apply whether you were injured in Fort Worth, Dallas, or elsewhere in Texas.

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