What Kinds of Evidence Can Help Establish Liability In a Houston Auto Accident?
Accident & Injury Personal Injury Accident & Injury Car Accident
Summary: Every car accident case is different and may involve different issues of liability. In some cases, it is fairly clear who was responsible for causing a collision and the resulting injuries while, in others, determining liability may require extensive investigation.
Every car accident case is different and may involve different issues of liability. In some cases, it is fairly clear who was responsible for causing a collision and the resulting injuries while, in others, determining liability may require extensive investigation. Even in the seemingly clear-cut cases, however, you cannot simply walk into a courtroom and point fingers at the responsible party. Instead, the court requires that you sufficiently establish that the party acted in a negligent manner. Negligence1 can be established by providing different types of evidence in court.
The following are some common types of evidence used in Houston auto accident cases:
Witness testimony – You can take the witness stand and testify to your version of the events that occurred, as well as any eyewitnesses that saw what happened.
Video surveillance – Footage from red light or other intersection cameras may be used, as well as security cameras installed in nearby businesses or buildings that may have recorded the accident.
Police reports or violations of law – Law enforcement officers who report to the scene will often include their opinion on who was liable for the accident in their subsequent reports, and these opinions can have great weight in court. Additionally, if the other driver was arrested or cited for driving under the influence (DUI), speeding, or any other violation of traffic laws, that can be extremely helpful in automatically establishing negligence.
Cell phone records – In cases that involve suspected texting or other smart phone-related distracted driving,2 you may be able to introduce the other driver's records to show that they were using their device at the time of the crash.
Accident reconstruction experts – In cases of more complicated accidents, reconstruction teams may be called to analyze the scene and give their opinion on what caused the accident.
Medical records – The records of your medical diagnosis and treatment will be used to establish the injuries and losses you suffered as a result of the accident.
The above
are only some examples of potential evidence in auto accident cases. If you
have suffered injury in an accident, please call the law office of Houston
personal injury attorney Stewart J. Guss at (281) 954-3799 for a free
consultation today.
References:
1https://www.law.cornell.edu/wex/negligence
2http://www.distraction.gov/get-the-facts/facts-and-statistics.html