If you’ve been involved in a car accident caused by someone else’s negligence, it’s not enough to simply say the other person was at fault. You will need to prove it.
Proof is essential if you’re pursuing compensation for medical expenses, vehicle repairs, or lost wages. But how do you go about proving fault, especially if the other party denies responsibility for the accident?
In this blog, our Las Vegas car accident attorneys will share five key steps.
(jcomp/Freepik)
1. Understanding the Concept of Negligence
Before you can prove negligence, you need to fully understand it. In simplest terms, negligence refers to someone’s failure to act with reasonable care. To establish negligence, you must demonstrate four key elements:
- Duty of Care: You must show that the other driver had a legal obligation to avoid actions that could harm others.
- Breach of Duty: You must show that the other driver failed to uphold this responsibility through reckless or careless behavior.
- Causation: You must show that the other driver’s breach of duty led to your injuries and damages.
- Damages: You must show that you suffered financial, physical, or emotional losses as a result of the other driver’s breach of duty.
Note that negligence is not necessarily a zero-sum game in Nevada. Nevada has a modified comparative negligence system, which means that if you are partially at fault (up to 50%), you can still recover compensation. However, the compensation will be reduced by your percentage of fault.
For example, imagine that your accident results in $10,000 in damages. If you’re found to be 40% at fault, you can still receive $6,000 in damages (reduced by $4,000 for 40% fault).
2. Collect Evidence Right Away
After an accident, it might be tempting to leave everything to the insurance companies. But you can strengthen your claim by taking the lead on this. Gathering evidence includes:
- Taking photos of the other party’s license plate and insurance information
- Taking photos of the accident scene (from all angles), including tire tracks
- Taking photos of any conditions that may have contributed to the accident (weather, debris in the road, road signs, etc.)
- Taking photos of the damage to both cars
- Taking photos of your injuries (and/or your passenger’s injuries)
- Collecting contact information from witnesses
3. Get a Police Report
Always call the police after a car accident, even if it’s just minor. Even small accidents can turn out to be bigger than you thought; property damages may exceed original estimates and injuries may show delayed symptoms. The official police report provides critical evidence supporting your accident injury claim.
When officers arrive at the scene, they’ll document the details and interview drivers and witnesses. They may include their own assessment of who was at fault.
While the police report itself isn’t the final determination of fault, insurance companies and courts heavily rely on these reports when assessing claims. If you notice inaccuracies in the report, contact the police department right away to request corrections.
4. See a Doctor
Insurance companies often resort to tactics like downplaying your injuries or arguing that your injuries stem from pre-existing conditions. You can refute this with good medical records.
Even if you don’t think you’re seriously hurt, see a doctor right away. They may be able to diagnose injuries with delayed symptoms (like whiplash or concussions). Comply with all follow-up visits and therapies. This shows that your injuries are legitimate and as serious as you claim.
Make sure to keep your medical and pharmaceutical bills so you can clearly show the cost of your injuries.
5. Rely on Expert Witnesses
Proving fault can be complicated, especially when the evidence isn’t clear cut or when the opposing party is going out of their way to dispute your claims. An experienced attorney can help you build the strongest case possible.
If you have serious injuries, you may want to consult an appropriate specialized attorney, such as a brain injury lawyer. They can help show the extent of your injuries and project the cost of future care. If the opposing insurance company offers you a settlement, this kind of specialty lawyer can help you know whether or not you should accept it or hold out for more.
If your case would benefit from expert witnesses, your attorney can draw on their network. These expert witnesses may include accident reconstruction specialists, engineers, or medical professionals. They can provide objective analyses and testimonies that clarify complicated accident scenarios.
Fault is Everything
You shouldn’t have to suffer for an accident that was someone else’s fault, but you do have to prove that fault if you want to win your case. Proving fault can be complex, but when you take the right steps—and get the right help—you can build a solid foundation for your claim.
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Infographic
If you’ve been in a car accident due to someone else’s negligence, proving fault is essential for getting compensation for medical bills, lost wages, and vehicle repairs. You need solid evidence to support your claim. Check out this infographic for steps on proving fault in a car accident.
