How to Prove an Auto Accident Case

Categories: Accident Victims

driver on phone after auto accidentAt Van Sant Law, LLC, we understand that victims who have been injured in car accidents may have questions or concerns about their legal rights. We are committed to helping injured pedestrians, passengers, and drivers to better understand these rights and how they may go about seeking compensation to recover damages such as lost wages and medical expenses. Depending on the circumstances surrounding the incident, you may be able to file a lawsuit against the negligent party or seek compensation by pursuing an insurance claim.

How to File a Lawsuit after a Car Accident

The insurance company of the alleged negligent driver will likely launch an investigation to determine the cause of the accident and reduce the amount of compensation that they are required to pay. While this investigation occurs, it is important to conduct your own investigation with the help of an experienced attorney because the strength of your case will ultimately rest on your ability to collect and present evidence illustrating that the other party was negligent by:

  • Driving while distracted
  • Failing to pay attention to surroundings
  • Violating traffic laws
  • Driving under the influence of drugs or alcohol
  • Driving without a license

An attorney will be able to re-create the scene of the accident, analyze medical reports, research the driving history of both parties, review footage of the accident, interview witnesses and collect statements, and review police photographs and reports. Next, your attorney will need to evaluate your damages and determine whether you are entitled to seek compensation for lost wages, medical expenses, pain and suffering, property damage, loss of future earning capacity, and additional losses.

After determining the compensation to which you may be entitled, your attorney will create a claim, which will serve as the foundation for your lawsuit, by stating your damages and injuries, the alleged negligent behavior, and that you wish to seek compensation. If you are unable to reach a settlement with the other party, your attorney will submit your claim to the court, and the official lawsuit process will begin.

How to Prove Distracted Driving

Negligence refers to another party’s failure to meet the standard level of acceptable behavior such as paying attention while operating his or her vehicle to ensure the safety of others on the road. Statistics show that the increase in the number of distracted driver accidents is likely due to new technology. For instance, acts of distracted driving may include using the car’s electronic system, talking on a cell phone, checking electronic media or websites, drinking or eating, and attempting to program a GPS device. In order to prove that the other party was negligent and was driving while distracted, your attorney will be able to:

  • Analyze tickets that the other driver may have received before the accident
  • Examine the time of phone usage
  • Request official cell phone records
  • Review traffic video and camera footage
  • Retrace the driver’s steps to determine whether he or she had purchased a beverage or food

Contact Van Sant Law

The attorneys at Van Sant Law, LLC handle a wide range of auto accident cases that often result in paralysis, back injuries, internal damage, concussions, broken bones, whiplash, lost limbs and spinal cord and brain injuries. If you or someone you love has sustained an injury in a car accident, you may be entitled to seek compensation for your condition. Call Van Sant Law, LLC today at (678) 679-6710 for your free, no-obligation consultation and to learn more about your legal rights.