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12/24/13: Proving Fault in Auto Accidents Lawsuits in Fort Myers, Naples and Port Charlotte

When you are injured in a car accident due to the negligence of another driver it is the responsibility of the other drivers insurance company to pay for the damages you have suffered. In order to hold the other driver accountable you will need to be able to show that they are liable (i.e. they are at fault) for the accident.

If you allege that one set of events occured that led to the accident and the other driver alleges a completely different fact sequence how do you prove that their negligence caused the accident in order to hold them liable and collect damages for your injuries? The skilled legal team at Viacava & Cantor will utilize a variety of resources in order to reconstruct the accident scene in order to prove that your version of events is the accurate version and the other driver was at fault in the accident. The personal injury litigation attorneys at Viacava & Cantor will do this through the use of:

  • Police Reports: The police are usually the first responders to the scene of a car accident. Officers will take witness statements, record their observations of the scene of the accident and often will make a decision as to who they believe was at fault for the accident. If the police officer has cited the other driver for a traffic infraction that will be a strong sign pointing to their fault in causing the accident.
  • Witness Reports: Witness testimony is the most common form of evidence in car accident cases. Most witnesses are biased (the drivers of the cars are biased in that they do not want to admit fault and the passengers in the cars are biased because they want to side with the driver whom they know rather than the stranger driving the other car) however at Viacava & Cantor we will utilize all of our resources to find unbiased witnesses should there be any indication of their presence at the site of the accident. Evidence in the form of testimony of an unbiased witness is very beneficial to proving fault in a car accident case – the unbiased witness has no reason to lie and therefore their testimony is extremely credible.
  • Physical Evidence: The lawyers at Viacava & Cantor have access to investigators who we can use in your car accident case. An investigator can review the physical evidence and make a determination as to how the accident occured offering their opinion as to disputed witness testimony such as the angle of the collision and the speed of the cars.
  • All Other Incriminating Evidence: During the discovery process the lawyers at Viacava & Cantor will request any and all relevant information from the other party’s attorney in order to find every piece of information that increases the value of your case.

If you have been injured in a car accident you will need to prove that the other driver was at fault in order to get the compensation that you deserve. Call a personal injury lawyer from Viacava & Cantor today if you have been in a car accident and need an attorney to fight for you.