How to Prove Negligence in Car Accident Law
Who is at fault in a road traffic accident?
In general, it will be the driver of the car which is at fault. However, in certain situations, if the accident is caused by the driver of a car, a road user, or pedestrian, or a cyclist, the liability may shift to each of those groups of users.
Injuries resulting from road accidents can be devastating, with many injuries requiring medical treatment and costly medical expenses. If someone is killed in a road accident, a family will often experience loss of income, substantial financial responsibilities, and mental trauma.
This article considers how car accident liability may shift in the event of a fatal car accident.
Who is at Fault for a Fatal Car Accident?
In order for the victim of a fatal accident to receive compensation for their losses, he must be able to show both that the car accident was not the fault of the victim, and that the car accident was the direct cause of the death.
In order to demonstrate that it was not the victim’s fault, the victim may present evidence that the victim acted responsibly at the time the car accident occurred:
The person at fault in the car accident must be able to present evidence that they were not the person at fault in the car accident. This requires information from the victim, including:
* Evidence that the car accident was not their fault, such as witness statements that establish the victim was driving safely and within speed limits at the time of the car accident, that the victim made a turn, and were aware of traffic at the time of the car accident. If the victim has been involved in a car or motorcycle accident, he can also show that they were aware of the presence of other vehicles and their presence before the car accident.
* Evidence that they were obeying speed limits before the car accident.
* Other relevant information, such as that no one indicated any intention of speeding, and that speed limits were obeyed.
* Evidence that the victim had been obeying traffic signs, including the presence of an obeyed traffic sign at the time of the car accident, a disregard for the sign that occurred after the accident, and that the person failed to keep the sign in mind, when making or not making a turn at a suitable distance.
* Evidence that there was sufficient space to make a turn. It is not enough that there was a gap.
* Evidence of other instances where other drivers made unsafe turns (including instances where other drivers did not observe speed limits, or were distracted).
* Evidence that the victim did not make a mistake of judgement when making the car accident.
* Evidence that there was a gap in the surrounding area that allowed the victim to turn safely.
* Evidence that the victim had reasonable possibility to avoid the accident.
* Other relevant evidence, such as witnesses that saw it happen.