In the vast majority of car accident cases, liability is not contested. This generally means that is perfectly clear who caused the accident and the only issue that needs to be addressed is the amount of money the at-fault party (or his or her insurer) will pay the victim. Unless there is a significant disagreement as to the amount of damages, the case may settle without either party needing to set foot in a court room. But what about auto, car and motor vehicle accident cases in which liability is not obvious or is disputed? How does a car accident victim prove another person was legally at fault for their accident? In these cases, obtaining financial recovery becomes significantly more complicated. Below is some information about how liability can be established in a contested car accident case. Of course, in under these circumstances, its always a good idea to hire a car accident lawyer in Miami . Below are some of the evidence your personal injury lawyer will need to help prove your legal claim.
Showing Fault Can Require Significant Investigation
Generally speaking, proving that the other party was at fault for an accident requires gathering evidence of his or her negligence. Under Florida law, negligence occurs when a person fails to use the degree of care that would ordinarily be exercised by a reasonable person in the same or similar circumstances. In the context of a auto, car or motor vehicle accident case, negligence can take many forms, including speeding, distracted driving, failure to signal a turn or lane change, or drunk driving.
There are several common forms of evidence that can be used to establish negligence in Florida car accident case. Some of these include the following:
- Video surveillance footage
- Florida Traffic Crash Report
- Property Damage Photos
- Property Damage bills
- Accident scene photographs
- Medical records and reports
- Vehicle maintenance records
- Toxicology reports
- Eyewitness testimony
- Cell phone records
If a Case is Contested, Does it Always go to Trial?
While it is certainly true that the fact that a car accident case is initially contested in the beginning makes it more likely that it will end up in court, if strong evidence is uncovered by the victim, it can certainly prompt a party to settle the case. After all, settling provides both parties with much more control over the resolution of the case and can reduce the uncertainly that is always involved when presenting a case to a judge or jury.
In some cases, however, car accident cases do go to trial and each party presents evidence in support of his or her position. This often happens when the case is “close” and the evidence is not particularly conclusive. When this happens, both parties often present expert witnesses that offer their own interpretation of the meaning of the evidence presented. Furthermore, in contested cases, the skill and experience of the attorneys can have a significant impact on the outcome of a case.
Contact Gerson & Schwartz, P.A. Today to Speak with a Miami Car Accident Attorney
If you have been injured in an accident, you should speak to an car accident lawyer immediately. To schedule a free consultation with a Miami car accident lawyers at Gerson and Schwartz, call Gerson and Schwartz today at 877-475-2905 or contact us online.