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Evidence That May Be Used to Prove Causation in a Car Accident Claim

Posted on behalf of Arnold Law Firm in
Cause and effect visualizedCausation is one of the four elements of a negligence claim. When pursuing compensation for your damages, you must be able to prove that the negligent actions of another driver are a direct cause of your injuries. Proving this may require several pieces of evidence, which most people might not have access to or know how to get. That is why it would be in your best interest to discuss your claim with one of our experienced Sacramento car crash lawyers who may be able to help gather the necessary evidence to prove causation. The consultation is free and there are no upfront fees.

PHYSICAL EVIDENCE

Physical evidence of the accident may help prove a driver’s negligent actions caused the crash:
  • Video of events leading up to the accident – If you are trying to prove the at-fault driver was under the influence, your lawyer may be able to gather video footage from a bar he or she visited on the night of the crash. There may be footage of the driver drinking heavily or drinking while he or she was obviously intoxicated. Your lawyer may also be able to request financial records showing the driver bought alcohol before the crash.
  • Photos/Video of the accident scene – If the accident occurred at an intersection or near a business where there was a surveillance camera showing the moment of impact, the footage may help prove the at-fault driver was speeding or failing to follow other traffic laws.
  • Damage to the involved vehicles – If you were rear-ended by another vehicle, the damage to both vehicles may indicate how the accident occurred.

MEDICAL EVIDENCE

Getting immediate medical treatment after an accident is not only important for your own health and well-being, but it is also important to help a link between your injuries and the crash. Some of the following may be used as medical evidence to help prove your injuries were a direct result of the accident:
  • Diagnostic imaging – X-rays, MRIs, CT scans and other diagnostic imaging may show the injuries you sustained in the accident.
  • Physical therapy logs – Records from your doctor’s office showing that you need to attend physical therapy to treat your injuries may also be helpful.
  • Other medical records – Medical records from before the accident showing you did not have the same injuries as you currently do could help link your current injuries to the crash.

EXPERT AND EYEWITNESSES

While physical evidence is necessary, it may need to be supplemented by expert testimony. For example, testimony from your treating doctors can help confirm your injuries were caused by the accident. The cause of the accident itself may also be confirmed by an expert witness like a car accident reconstruction specialist. These experts reconstruct the scene to determine why the crash occurred and what the at-fault driver may have done wrong that resulted in an accident. People who witnessed the accident may also be able to provide testimony to confirm your version of the events that led up to the crash, such as if the other driver was texting and driving, or how you noted certain injury symptoms immediately after the crash.

WHAT IF I HAVE A PREEXISTING INJURY OR CONDITION?

First, it is important to note that accident victims who have preexisting conditions or injuries may have a more difficult time recovering compensation. That said they should still be eligible to recover compensation. If you do have medical records detailing preexisting injuries, it is important to disclose this information to your attorney as early as possible to avoid any surprises when building your case. Thanks to client-attorney privilege, this information is kept confidential until a lawsuit is filed and discovery begins. You may be able to obtain compensation if the crash aggravated a preexisting injury, and you should be eligible for compensation for any new injuries. For example, if you previously underwent neck surgery and the new accident lengthened your recovery or caused new symptoms, you may have a valid case.

CALL AN EXPERIENCED LAWYER TODAY

If you were injured in an accident caused by someone else’s negligence but do not know how to go about proving your damages are a direct result of that negligence, you should strongly consider calling our experienced lawyers today. Our attorneys have decades of experience gathering the necessary evidence to prove liability and help injury victims recover the compensation they need. We also charge no upfront fees before taking your case or working on it.

Call us today to schedule a free consultation: (916) 777-7777.

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.