If you were injured in a car accident, you may be entitled to compensation for your injuries from the driver who caused the collision. Unfortunately, the insurance company may fight about how the crash occurred even if it is clear cut that their insured was to blame. You need to understand what must be established under Virginia law to prove the other motorist’s negligence if you want to win your case and receive all the money you are entitled to in your settlement.
What You Must Prove to Establish the At-Fault Motorist’s Negligence in Virginia
Under Virginia law, you must show four things in order to prove that the other driver was negligent and responsible for compensating you. Elements of a car accident negligence claim include:
- Duty of care. You must prove that the driver owed you a duty of care. All motorists in Virginia owe a duty of care to obey traffic laws and drive safely so as not to cause unreasonable harm to others or increase the likelihood of an auto collision.
- Breach of duty. You must show that the driver breached their duty of care to you. Speeding, distracted driving, violation of traffic laws, and drunk driving are just a few of the ways that individuals breach their duty of care in these crashes.
- Proximate cause. The third element that must be established is that the breach of duty was the cause of the auto accident.
- Actual harm. You must also show that you suffered injuries or property damage as a direct result of the at-fault driver’s breach of their duty to you.
How to Prove Fault in a Car Accident
You will need evidence to prove the other driver’s negligence in causing your collision. Much of this helpful information will be at the crash scene. You need to begin collecting it right away or have someone do this for you if you too hurt to do it yourself. Types of evidence that can help prove negligence includes:
- Police officer’s testimony and their police report
- Incriminating statements of the negligent driver
- Statements from witnesses who saw the accident happen
- Photos and video recordings of the damage to the vehicles, your injuries, road conditions, skid marks, alcohol containers or drugs in the other driver’s vehicle, and anything else you think might be helpful
- Video recordings of the accident as it occurred from witnesses or nearby business surveillance cameras
- Accident reconstruction expert report
If you were injured in a car accident, you need to retain an experienced car accident lawyer as soon as possible. A lawyer can help you collect the evidence you need to prove the other driver’s negligence and fight for the compensation you deserve. To find out how we will aggressively fight for your rights, call our Norfolk office to schedule your free consultation today.