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8 Ways To Prove Negligence After An Auto Collision


Miami and the surrounding areas are no strangers to traffic congestion with a diverse mix of drivers. Because of this, accidents can happen and when they do there are many details to attend to following the collision. If you were involved in a crash and believe the accident was due to someone else’s negligence, proving fault will likely be necessary in order for you to connect with the full damage recovery amount you are pursuing.

A Miami personal injury lawyer has the background and skills you need in order to move through the legal process. Proving negligence could be a vital first step.

Ways to Establish Negligence

While there are many ways to prove fault and each situation needs to be reviewed individually, below are a handful of possible paths to establish negligence after an auto collision.

  1. Collect evidence. Immediately after the accident, if possible, document the scene. You can do this by taking photographs of the vehicles, road conditions, and any visible injuries. Also, exchange contact information with other drivers involved in the collision.
  2. Obtain a police report. Ensure that law enforcement is contacted and that an official police report is created. This document can provide an unbiased account of the accident which helps in establishing fault.
  3. Speak to eyewitnesses. Witness statements can be invaluable in proving negligence, so speak to bystanders who may have seen the accident and ask for their contact information.
  4. Inquire about surveillance footage. Traffic cameras, security cameras, or dash cams may have recorded the collision. If so, obtaining and preserving relevant footage is important.
  5. Accident reconstruction. In complex cases, an injury lawyer may advise you to consider hiring an accident reconstruction expert, a professional who is skilled in recreating the accident scenario and offering a scientific basis for proving negligence.
  6. Seek prompt medical attention. Any and all injuries sustained in the collision need to be treated without delay as detailed medical records make a clear link between the accident and injuries, which supports a recovery claim.
  7. Secure vehicle maintenance records. In situations involving a car or truck having a mechanical failure, obtaining the maintenance records can be part of proving negligence.
  8. Cell phone records. Distracted driving is a common cause of accidents, and often the distraction is due to interacting with a mobile device. Through an investigative process, it may be possible to establish whether the at-fault driver was using their phone at the time of the collision.

Whether it’s medical expenses, lost wages, pain and suffering, or property damage, you shouldn’t have to bear the burden of someone else’s carelessness, but there are ways to demonstrate negligence and pursue justice.

Speak to a Qualified Attorney

Knowing how to prove negligence is a way to seek the justice and secure compensation you deserve. Reach out to a Miami personal injury lawyer, an expert who can guide you toward recovering what you’ve lost.

Were you hurt because of another’s recklessness? Don’t let the consequences of someone else’s behavior disrupt your life without consequence. Discuss recovery with the legal team Spencer Morgan Law. Call 305-423-3800 to schedule your fee-free consultation.

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