Proving Your Car Accident Case
This often happens: Within days after a car accident, the at-fault driver’s insurance company calls the victim and offers a quick-and-easy settlement. There is a reason why it may seem too simple to be true. Car accident cases are rarely ever that quick and easy to resolve.
If your goal is to recover maximum compensation for your losses, it will require a thorough and often complicated investigation. This is why it is crucial to work with a lawyer who has experience with proving car accident cases.
At The Millar Law Firm, we have this experience. Since 1993, we have helped accident victims and their families to secure recoveries throughout Georgia. We know the evidence that is important to collect. We also know how to overcome obstacles that may arise.
Get in touch with us today by calling or using our online form. A lawyer from our firm can review your case at no charge and begin the process of seeking compensation for you.
The Basic Elements of a Motor Vehicle Accident Lawsuit
No two auto accident cases are the same. However, there are four basic elements that will need to be proven in nearly every case:
As The Millar Law Firm attorney works on your case, the attorney will focus on evidence that can establish these elements.
Did the Defendant Owe a Duty to You?
Drivers owe a duty of care to other drivers to avoid accidents. In some cases, it may be proven that a non-driver owed you a duty, too. This duty often arises in four ways:
Employer – If a driver caused a crash while acting in the course and scope of their employment – in other words, while “ on the clock” – the driver’s employer could be liable. Timesheets, memos or other employment records can help to establish this.
Dram Shop Owner/Social Host – Liability could be imposed on the bar, restaurant or store owner or on the social host who provided alcohol to a driver who was under age 21 or noticeably intoxicated and who caused your crash. Evidence may include witness statements, receipts and toxicology reports.
Manufacturer – If a defective vehicle or faulty automotive part caused your accident, the manufacturer can be held accountable. Proving this can be highly complex. It can involve reviewing numerous research documents, safety reports and consultation with qualified mechanical and engineering experts.
Government – A state or local government entity could be liable for defective road conditions that caused the accident. Even if a private contractor was hired to maintain the road, records can establish that the government had the ultimate responsibility.
As part of its comprehensive investigation, The Millar Law Firm will seek to hold all parties who caused your accident responsible.
Did the Defendant Breach a Duty Owed to You?
Establishing that another driver or a other party failed to fulfill a duty of care owed to you is often the heart of an auto accident case. In other words, did someone else cause your crash? This can be proven by gathering and examining a wide range of evidence, including:
Accident scene photos (showing vehicle damage, debris, skid marks).
Police reports (providing an objective account of what may have happened).
Witness statements (describing what they saw and heard at the time of the crash).
Vehicle examinations (establishing whether it was a rear-end collision or side-impact crash, for instance, or whether safety restraints like seat belts or airbags operated).
Black box data recorders (now found in many automobiles, these devices can record vehicle speed, brake application and other important information at the time of impact).
Blood alcohol/drug tests (showing whether the at-fault driver was impaired).
Cell phone records (proving a driver was on the phone or texting).
Receipts (toll, meal or lodging receipts can help to establish how the long the driver was on the road and whether their fatigue caused the crash).
In certain cases, The Millar Law Firm may work with accident reconstruction or other experts to analyze this evidence and arrive at a clear picture of how your crash occurred.
Did the Defendant Cause Your Injuries?
A defendant in an auto accident case may contend that the crash did not cause the injuries you suffered. For instance, the defendant may argue that your back injury or whiplash was due to an event that happened before the collision.
The Millar Law Firm can counter this argument by reviewing medical records and consulting with physicians and accident reconstruction experts. We will seek to establish how the crash, in fact, contributed to your physical and emotional injuries and not some other factor.
Did You Suffer Damages from the Car Crash?
There can be many types of damages claimed in a car accident. These must be proven as well.
The Millar Law Firm can seek evidence proving that, but for the crash, you would not have incurred medical expenses, missed work and lost income, suffered physical pain and emotional distress and sustained other losses.
Because damages are often hotly contested in auto accident cases, it is crucial to carefully and completely document any claim for damages. Medical and employment records, bills and receipts, photographs and expert analyses can all play critical roles.
Our Lawyers Can Help You Prove Your Case
As you can see, there is much work involved in going over all of the details of a car accident case. It’s not something that should be resolved with a quick phone call from the insurer.
Instead, you should allow an attorney from The Millar Law Firm to thoroughly review, investigate and analyze your case. While you focus on recovering, we can present evidence to the insurance company and seek a full and fair settlement on your behalf – or else we can go to trial to pursue the compensation you deserve.