Proving Fault In An Auto Accident

Proving Fault In An Auto Accident

How to Prove Negligence in an Accident

Proving fault is a key element in every personal injury case. Unless this is accomplished, your case will not be heard. So, how does an injured party prove that the defendant was at fault? There are ways to do this, but it takes experience and diligence to get the job done. Let's look at the ways your Myrtle Beach car accident lawyer will prove fault and obtain the damages you need.

An Attorney's Role in Proving Fault

Your attorney can prove fault and uses a variety of methods. At Morris Law Accident Injury Lawyers, we start with investigating the scene of the accident. No one likes to admit they caused an accident, so the investigation is an important feature of a legal claim. At Morris Law Accident Injury Lawyers, our investigators start out by examining the accident scene for tell-tale signs of how and why the collision occurred. This includes the following:

  • Our investigators search for skid marks on the pavement. The presence of skid marks shows the driver used their brakes to come to a full stop. The length of the skid marks can indicate the speed at which the vehicle was traveling. If the skid marks are absent, chances are the driver was drunk or drugged or asleep.
  • The investigators also use accident reconstruction, which tells them the placement of the vehicles throughout the scenario leading to the crash.
  • If surveillance cameras are available, we obtain video footage that points to liability.
  • We review accident reports, check the driving record of the at-fault driver and talk to witnesses.

When the investigation is concluded, we can determine who was liable and, if appropriate, file a claim against the at-fault driver. It is the court or jury that makes this determination final.


Who Is Liable for Damages?

In most cases, the insurance company pays for damages in a car accident caused by an at-fault party. However, some drivers do not carry insurance or are underinsured. In these instances, the negligent party becomes personally responsible.

How Is Negligence Used to Prove Fault?

Negligence occurs when the at-fault party fails to take a prudent amount of care to avoid harming another person. To prove negligence, the following elements must be established:

  • Duty: The legal duty the defendant has to the plaintiff must be proven. This consists of using safe driving skills to prevent injuries to others on the road.
  • Breaching that duty: The attorney must prove that the duty the defendant had to the plaintiff was breached. For instance, driving distracted and causing an accident is breaking their duty to the plaintiff.
  • Proving causation: It must be proven that the defendant's negligence caused the plaintiff's injuries. If the accident was caused by a drunk driver, having a BAC level of 0.08 is proof the defendant was driving drunk.
  • The presence of damages: The injuries incurred by the plaintiff must have financial damages associated with them. This could be the cost of medical treatment and lost wages.

Other Ways to Prove Fault

Additional ways to prove negligence are:

  • Negligence per se: An action is deemed to be negligent because it violates a statute. For instance, if a driver is recklessly speeding through an intersection and a pedestrian is injured, then by breaking the statute, the motorist is negligent.
  • Intentional acts: Here, an act is performed with the intention of harming another person. For instance, assault on a person is a crime, but it is more than that. It is a personal injury against the person. An example would be an attack on a couple that resulted in a double homicide. Even though the attacker will be charged with a crime, the family of the decedents can file a personal injury claim against the attacker. This is what happened in the O.J. Simpson case. The family filed a claim against Simpson, and even though he won his criminal trial, he was ordered to pay the damages in the personal injury lawsuit.
  • Strict liability: In this case, the plaintiff is not obligated to prove negligence at all. For instance, in product liability cases, the defendant only needs to prove that they were using the product in the way for which it was intended when the accident occurred.

Morris Law Accident Injury Lawyers in the Myrtle Beach Area

At Morris Law Accident Injury Lawyers, we fight for our client's rights. We are adamant that the client should not have to suffer physical and financial harm due to another's actions. That is why we investigate every accident thoroughly and work hard to obtain the compensation our clients need. Call us at (843) 232-0944 to start claiming the damages inflicted by a negligent party.


What Our Clients Say

Thank you so much for your advice! I highly recommend him! Mr. Morris was extremely helpful with helping me understand the situation.
What seemed very confusing to me he actually broke everything down so I could understand what everything meant. Thank you so much for your advice! I highly recommend him!

Crissy Blumer

I would highly recommend Morris Law Accident Injury Lawyers firm for any legal needs. I chose Morris Law Accident Injury Lawyers to represent me after a serious MVA. Jeff and Spencer worked hard to provide the best service by addressing all of our needs and concerns within a timely, professional manner. They were so friendly and alleviated all of the stress of our medical bills and legal issues. A 5 star rating is well deserved and I would use them in the future if needed!

Savannah Crosby

I highly recommend Jeff Morris and his team. They took really good care of me after my car accident.

Ashley Wright

I would absolutely recommend Morris Law Accident Injury Lawyers. He and his staff took great care of me with my MVA case.

Kristen Danielle West

They are the best. Helped me with a car accident case and i came out on top. The way they showed how much they cared for me and not just about the $$$ was all i needed. JEFF MORRIS AND ASSOCIATES ROCK

Charrise Parker

When I tell you I had a great team, I mean I had a GREAT team!! Mr. Morris & Spencer did far better than I could have ever expected handling my MVA. The effort that was required from me was extremely minimal. I literally paid nothing upfront and they were worth every penny they collected from my settlements! If you’re in the area, check them out; at least meet with them and give them a chance to hear you out. They’re worth it!!

Marie Batey

I highly recommend Jeff Morris. Him and his team took really good care of me after my car accident. He was very informative of the process and answered all my questions. The whole team is great!

Ashley Killough

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At Morris Law Accident Injury Lawyers, we have provided compassionate and aggressive counsel to personal injury victims in Horry County, Aiken County, and throughout South Carolina since 2016. We are available 24/7/365 days of the year. Reach out and get your case evaluated at no cost.