If someone files a lawsuit following a car accident because he or she is seeking monetary compensation related to damages and injuries in the accident, the individual usually has to prove that the accident was the fault of the person or people they are suing. Fault might come through direct action or lack of action, which is called negligence.
If you are stopped at a red light, for example, and someone fails to notice the light is red and you are stopped at it, that driver might be at fault for the accident if he or she ran into you with his/her vehicle. Proving liability involves laying out facts and evidence about the case to show that negligence or fault occurred, and it isn’t always easy. Even in cases where you think fault is obvious, the other side might have a solid-sounding defense.
The courts usually look at a number of factors when making decisions about liability in such cases. If you can prove that certain actions were taken by the other party, you usually have a stronger case. One such action might be the failure to signal when turning. If you can prove someone did not use one’s signal as required, then you might have a good basis for a liability claim.
Other facts that are strong evidence might include the fact that someone ignored traffic signals or signs, was driving above the speed limit or was not taking proper care given certain road conditions. The same is true if you can prove that someone was driving while intoxicated.
Proving these things is a big part of the battle in any car accident lawsuit. An experienced Colorado personal injury lawyer can help you gather and present evidence in a way that ensures a more compelling argument.
Source: FindLaw, “Car Accident Basics,” accessed Oct. 21, 2016