How Do I Prove the Other Driver Was at Fault?

You checked your rear view mirrors as you pulled out of your parking space at the mall, only to have another driver come out of nowhere and rear-end your vehicle. You sit there stunned, knowing that you were hit at a high speed but feeling no pain due to a rush of adrenaline. The paramedics come to assess your injuries, only to find that you experienced head trauma due to the crash. You are transported by ambulance to the nearest hospital to have some tests run. The rest of your plans for the day are down the drain.

Sadly, this type of situation happens every day, with an estimated six million motor vehicle accidents occurring in a single year. To recover your losses, you must prove that the other driver caused the accident. If it is your word against the other driver’s, this could pose a significant problem. At HGSK Injury Lawyers, we understand the uphill battle that you are facing. If you have recently fallen victim to a crash, our Philadelphia car accident attorneys are available to discuss your recovery options.

Proving Fault in a Philadelphia Car Accident

All road users have a responsibility to use reasonable care to keep others safe. A failure to do so could result in a negligence claim.

Negligence is composed of the following elements:

Duty of Care

Motorists must follow traffic rules and regulations. Traffic laws are continuously changing, so it is important that every road user stay up-to-date as new laws are passed.

Breach of Duty

A motorist who fails to obey the law has violated their duty of care owed to others. Common breaches of duty in a motor vehicle accident include speeding, failing to yield to others, and running a red light or stop sign.

Causation

As the injured party, you must establish that the other driver’s conduct caused your injuries. This involves establishing cause-in-fact and proximate cause. Cause-in-fact, also referred to as actual cause, means that the other driver’s actions set into motion a chain of events that caused you harm. Alternatively, proximate cause means that the harm you sustained is considered a foreseeable consequence of the driver’s actions. Both types of cause must be proven for a successful claim.

Damages

As a result of the accident, you sustained compensable losses. In a car accident, this often includes lost wages, medical expenses, and vehicle repairs and/or replacement. If you did sustain both injuries and vehicle damage, two separate insurance claims must be filed: a bodily injury claim and property damage claim.

Gathering Evidence to Support Your Car Accident Case

Establishing the at-fault driver’s liability can be challenging, especially if nobody witnessed the crash. Perhaps the other driver was speeding, giving you less time to react. They may have even been distracted, talking on their cell phone, and oblivious that you were backing out of your parking spot. Establishing the facts requires convincing evidence. In lieu of witness testimony, you may be forced to rely on photographs or video surveillance.

Take a breath. Collecting pertinent information necessitates that you have experience in handling car accident claims. That is why the Philadelphia car accident lawyers at HGSK Injury Lawyers are integral to the equation. At your initial meeting, one of our car accident attorneys will discuss the matter with you.

Next, we will conduct a complete investigation into your accident. If any discrepancies arise, we will pursue every avenue to determine what took place, even employing the services of specialists who are trained in interpreting evidence to deduce how an accident unfolded. No car accident case is the same, which is why we always take a specialized approach to reach the truth.

Injured? Speak with a Philadelphia Car Accident Lawyer Today

A car accident may happen suddenly, shattering your future plans. At HGSK Injury Lawyers, we are all too familiar with the grief that accompanies a collision. Depending on the extent of your injuries, you may be unable to work or simply perform basic tasks. No matter the severity of the harm you sustained, our Philadelphia car accident attorneys are happy to work on your behalf. To discuss your matter, feel free to contact our office online or by calling (267) 551-8782. We offer free consultations to new clients.