How Do You Prove Driver Negligence?

If you need to prove driver negligence, the process can be complex, and often requires evidence, police reports, or medical records to back up your claim after an accident in Atlanta, Georgia. Defense attorneys have tricks that can trip up you or the people your case relies on, and the process is subject to local case law.

Gathering Evidence

If you intend to seek compensation, you may be entitled to after a car collision, collecting evidence from the field can help prove driver negligence. Many people consider working with an attorney to help prove driver negligence and handle the case if it goes to court.

Try to capture photos of skid marks left by tires in the roadway, and record any shattered glass or plastic parts, vehicle positions, and areas of damaged metal after the crash. Some of this evidence may become worn away or disappear over time.

You may be able to take cell phone video of the scene of the crash, which can serve to help strengthen your case. If you were seriously injured in the crash and taken away by ambulance, the police or your attorneys can work to collect evidence on your behalf.

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Car Accidents FAQs

The Importance of a Police Report

It can be helpful to gain access to a police report filed after an accident. If you have any significant property damage or physical injuries, it is important to call the authorities and have a report made that notes your condition and intent to seek medical attention.

If you were injured in an accident and unable to collect evidence, it would be the job of a police officer to make a report. This police report will include the officer’s opinion about what seemed to be the case at the scene of the accident and can form the basis for insurance investigations to occur.

Law Officer Communication

If you are able, be proactive in speaking with officers at the scene of the accident. Even if you do not feel pain, it is important to note to the officer that you could have injuries, especially as there are invisible issues like traumatic brain injuries (TBI) or whiplash. These latent injuries can feel fine one day and become a life-changing problem later.

According to Georgia Motor Vehicles and Traffic Code § 40-6-273, individuals are legally required to call the police if any person was injured in any way in the accident. It is important to note who might be injured in the police report, and allow medical professionals to diagnose and determine the extent of those injuries.

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Seeking Medical Attention

An important step in proving driver negligence is showing your injuries occurred as a result of the at-fault driver’s failure to obey traffic laws. You cannot diagnose your own injuries, and this would be an expensive risk if you are looking to use a diagnosis to help seek compensation you may be entitled to. Most people also prefer the peace of mind in receiving a diagnosis from a licensed and insured professional.

Drivers owe a duty to others on the road to follow safety precautions, and if they violate such rules and a person gets hurt as a result, the driver may be legally liable for the financial burden of those injuries. If a person does not have car insurance, they may be held personally liable for injuries they negligently cause on the road.

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Filing Your Insurance Claim

Another important step if you are looking to prove driver neglegence is working with the defense attorneys and insurance company. Defense attorneys may seek to minimize the amount that an insurance company has to pay for your injuries. To seek the full amount of compensation you may be entitled to, you need to prove the validity of your injuries.

For cases where roadway fault may be more difficult to prove, there are rules in Georgia that require drivers to exercise due caution and care for other cars on the road in obeying all traffic laws. Some risky behavior that may affect one’s ability to do so include:

• Distracted driving, which kills nine people and injures over 1,000 others every day in the United States according to the Centers for Disease Control and Prevention (CDC)
• Intoxicated driving
• Drowsy driving
• Reckless driving

These risks result in a slough of traffic collisions that police officers work to mitigate every day in Georgia and across the United States.

If you still have more questions about proving fault and negligence following a car accident, consider hiring a lawyer. The team from Bader Scott Injury Lawyers represent victims of negligent drivers, so call us at (404) 888-8888 for a no-obligation, free consultation.

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