In a car accident case, proving fault is one of the most important steps to recovering the compensation that you deserve. The at-fault driver is typically the one who pays for damages through their insurance coverage, but establishing responsibility isn’t always straightforward.
When multiple vehicles are involved, witnesses provide conflicting accounts, or you bear partial responsibility, determining who caused the crash becomes challenging. An experienced car accident attorney in Kansas City can help you establish the facts necessary to prove fault in a car accident case and recover the compensation you deserve for medical bills, lost wages, and more.
The Four Elements of Negligence in a Car Accident Case
To successfully prove fault in your car accident case, you must establish that the other driver acted negligently. Negligence is the legal foundation for most personal injury claims, and it requires proving four distinct elements:
- Duty of Care: Every driver has a legal obligation to operate their vehicle safely and follow traffic laws. This includes maintaining proper speed, yielding right-of-way when required, staying alert, and avoiding dangerous behaviors like texting while driving.
- Breach of Duty: The at-fault driver must have violated their duty of care through their actions or inactions. Common examples include running red lights, following too closely, driving under the influence, or failing to signal before changing lanes.
- Causation: You must prove that the other driver’s breach of duty directly caused your accident and injuries. This means showing that the crash would not have occurred if the driver had acted responsibly.
- Damages: You must have suffered losses as a result of the accident, such as medical expenses, vehicle repairs, lost income, or pain and suffering.
Essential Evidence to Gather Following a Crash
Strong evidence forms the backbone of any successful car accident claim. The more comprehensive your documentation, the better positioned you’ll be to prove the four elements of negligence. You can collect this evidence at the scene or in the days and weeks following the crash. If you are too injured to document the accident, a skilled Kansas City injury lawyer can investigate on your behalf.
Key pieces of evidence to collect include:
- Police Reports: Official accident reports contain the investigating officer’s assessment of what happened, including any traffic citations issued and their preliminary determination of fault.
- Photographs and Video: Images of vehicle damage, skid marks, traffic signals, road conditions, and the overall accident scene help reconstruct how the crash occurred.
- Witness Statements: Independent eyewitness accounts can provide unbiased, third-party perspectives on driver behavior and the sequence of events leading to the collision.
- Medical Records: Documentation of your injuries, treatment plans, and ongoing medical needs can help determine the extent of damages caused by the accident and link the harm you suffered directly to the crash.
- Expert Analysis: Accident reconstruction specialists can analyze physical evidence and create detailed reports explaining how the crash occurred and who was at fault.
Plan Your Next Steps with Dollar, Burns, Becker, and Hershewe
Building a compelling case requires thorough investigation and robust evidence, but this process can feel overwhelming when you’re dealing with injuries and growing bills. At Dollar, Burns, Becker, and Hershewe, our injury attorneys will handle every detail of proving fault while you focus on recovery. Contact us at (816) 876-2600 for a free consultation and let us fight for the compensation you deserve.