Evidence is absolutely necessary if you want to win a car accident lawsuit. A Louisville, KY car accident lawyer can tell you what evidence specifically you’re going to need for your case.
From a Louisville, KY Car Accident Lawyer: Why Evidence Is Essential
To win a car accident lawsuit, you’re going to have to prove four separate elements. These elements build on one another, and each one is essential. Fail to prove one of them, and the lawsuit will likely fail.
1. That the Other Driver Owed You a Duty of Care
The “duty of care” refers to the responsibility that every person has to act the way a reasonable person would to protect the life and health of other people in any given situation. In some personal injury lawsuits, it can be difficult to prove this particular element, but with a car accident, it’s usually not. Just by virtue of getting behind the wheel, every driver has a duty of care to other road users that requires them to obey all traffic laws, not to drive while impaired or distracted, and to adjust their driving to the road and weather conditions.
2. That the Other Driver Breached This Duty of Care
You have to be able to show that the other driver did not follow through on the duty of care they owed you. Maybe they disobeyed a traffic law by running a red light. Maybe they were distracted by their cell phone. Any of these could be considered a breach of the duty of care, and to prove it, you will need witness testimony, black box recordings from the vehicles, video and photographic evidence, and possibly phone records.
3. This Breach of Duty Caused the Accident
The third element builds on the second one. It’s not enough that the other driver breached the duty of care. This breach must actually have caused the accident. Again, key evidence here may include photos and video, witness testimony, and the testimony of expert witnesses, like accident reconstruction specialists.
4. The Accident Caused by the Breach Caused You Damages
Finally, you have to be able to show what your damages are and clearly link them to the accident which was caused by the breach in the duty of care by the other driver. You’ll use things like medical records, information about your income and job, and receipts for the repair of your vehicle to show what you’ve lost; but you’ll also have to be able to link all of it specifically to the accident. It’s always a good idea to go straight to see a doctor as soon as you are able after a wreck to make sure that it’s clear exactly what injuries were caused by the accident.
Gathering evidence is not enough. It also has to be used effectively to tell a story that proves what you’ve lost. For help in recovering your damages after a car accident, contact us at the Winton & Hiestand Law Group PLLC in Louisville, KY today. We serve Kentucky, Indiana, Ohio, and Illinois.
