We cross paths with reckless, distracted, careless—and even drunk—drivers every day. Most days, we are fortunate, and a crash doesn’t occur. But when it does happen, it won’t be enough to just point the finger at the bad driver. To prove fault in a West Virginia car accident, you will have to provide evidence of some important legal facts.
Factors That Determine Fault in the Car Accident That Caused Your Injuries
Being legally at fault and liable for damages in a car accident means more than just making a driving mistake. To prove that a driver is liable for your losses, you—with the help of a personal injury lawyer—will have to show the following:
- The other driver owed you a duty of care. Simply by getting behind the wheel of a car, drivers take on a duty of care to all other drivers and are expected to drive in a reasonable manner to ensure their safety.
- The other driver breached the duty of care. Breaking a traffic law, driving while distracted, failing to check mirrors, or any other negligent driving action is considered a breach in the duty of care.
- The breach of duty caused your injuries. Key to an injury claim is proving that the driver’s breach of duty was the direct cause of your injuries. You may need a doctor to testify to the fact that your injuries occurred in the course of the car accident, for example.
- You suffered actual harm. Finally, your claim of injury and the financial losses you have suffered will have to be backed up with evidence such as medical bills, doctors’ reports, lab results, pay stubs, and more.
Before you worry too much about gathering evidence to support your injury claim, remember that it is part of a personal injury attorney’s job to prove that the other driver is at fault in your accident.
Call for Your Free Case Evaluation Today
When you take advantage of our free car accident case evaluation, we will tell you what will need to be done to prove the other driver’s liability. In some cases, fault is clear, and the case will be fairly straightforward. But other cases will require an investigation and the use of expert witnesses to prove fault and to quantify your losses. If you were seriously injured in a car accident in West Virginia, you can count on us to do what it takes to prove the other driver’s fault. Contact us today to learn more.