Proving Traffic Violations After a Nashville Car Accident
As an injured party in a motor vehicle crash, you deserve maximum compensation for accident-incurred expenses. Expenses may include the cost of being transported by ambulance to the hospital, surgeries or treatments, prescriptions, and follow-up appointments with a physician. Even if you sustain minor injuries, you may be unable to work, permitting you to seek lost wages. However, to be adequately compensated, you must first demonstrate the other driver’s liability.
Proving fault in a traffic collision can be complex, necessitating that you hire experienced counsel to handle your claim. If you have recently been involved in a crash, our car accident attorneys are here to help. Our legal team will keep you informed through each step of the settlement process.
Evidence to Prove Liability in an Auto Collision
Establishing the fault of the other driver requires that you show that they acted negligently, causing you harm. This can be accomplished through any of the following evidence:
Photographs
Taking pictures of vehicle wreckage, road conditions, and the final resting position of both vehicles can go a long way to prove liability. You should only take photos if it is safe to do so and after your car has been moved to a secure location. Taking pictures of your injuries and your passengers’ injuries will show the severity of bodily harm you suffered immediately following the collision. While photos of your injuries will not necessarily show the other driver’s liability, it can help you collect greater damages.
Videos
If a picture speaks 1,000 words, there is no telling how much information a video provides. Video footage may be retrieved from a dashcam, a nearby surveillance camera, or a cell phone. A video will show the at-fault driver’s traffic violation unfolding in real-time, whether it be failing to stop at the red light, stop sign, or speeding. If a business or individual possesses footage that is critical to your case, the evidence may need to be subpoenaed.
Police Report
TN Code §55-10-107 stipulates that any owner or motorist involved in a collision that results in injuries, fatalities, or more than $1,500 in property damage must report the accident to law enforcement. The officer who responds to the scene will take down all pertinent information, including the date/time/location, the names of all drivers involved, the make/model/year of all vehicles, traffic conditions, and weather conditions.
The police officer will provide a brief description of the event and who they believe is at fault. This report will be requested by insurance when you submit your claim and is relied upon heavily when determining liability.
Accident Reconstructionist Reports
Whereas car accident attorneys are trained to investigate to determine the cause of a crash, they do not have the same expertise that you will find with an accident reconstructionist. An accident reconstructionist has scientific expertise, typically knowing physics, mathematics, engineering, and car dynamics.
An accident reconstructionist will study evidence from the scene in an attempt to simulate the incident with the highest level of accuracy. This approach allows them to answer questions concerning vehicle speed, visibility, the exact angle of impact, and the probability of collision avoidance.
Physical Evidence
Vehicle debris, skid marks, and shredded tires are just a few examples of physical evidence that may be left over after a crash. Physical evidence can be crucial in assisting an accident reconstructionist as they piece together how a collision occurred.
Eyewitness Testimony
A bystander or other witness who saw the crash can be invaluable in filling in any missing details or supporting your testimony. For instance, if the other driver claims that the light did not turn red as they approached the intersection, a bystander stating that the light was already red (matching your version of events) can help to strengthen your credibility. Establishing credibility is key to a successful car accident case. Nonetheless, it can be challenging when you must show the insurance company or a jury that you are trustworthy.
Speak with Our Nashville Car Accident Lawyers Today
Following a collision, the insurance company will make every attempt to diminish your credibility, but their tactics are not a match for our resourcefulness. At Raybin & Weissman, we are prepared to gather convincing evidence that supports your case, in turn demonstrating the other driver’s negligence. If you or a loved one has recently been in a collision, do not hesitate to give our team a call. To learn more about our services or to schedule your free consultation, contact us online or by calling (615) 256-6666 today.