and pedestrian accident lawyers prove liability in these cases by gathering evidence, conducting investigations, and utilizing various legal strategies. Here is a detailed explanation of the process
Gathering Evidence
Lawyers start by collecting evidence to establish liability. This includes obtaining police reports, witness statements, photographs or videos of the accident scene, and any available surveillance footage. They may also gather medical records, accident reconstruction reports, and expert opinions to support their case.
Investigating the Accident
Lawyers conduct a thorough investigation to determine the cause of the accident and identify the responsible party. They may visit the accident scene to assess road conditions, traffic signals, and any other factors that could have contributed to the incident. They may also examine the vehicles involved, inspecting for any mechanical defects or maintenance issues.
Establishing Negligence
To prove liability, lawyers must demonstrate that the responsible party acted negligently. They do this by establishing four key elements
duty of care, breach of duty, causation, and damages. They show that the responsible party had a duty to exercise reasonable care, breached that duty through their actions or inactions, and that this breach directly caused the accident, resulting in injuries or damages.
Comparative Negligence
In some cases, both the bicyclist or pedestrian and the other party may share some degree of fault. Lawyers must assess the extent of each party’s negligence and determine the percentage of liability. This is important because it affects the amount of compensation the injured party can recover. Lawyers will argue for a fair allocation of fault based on the evidence gathered.
Witness Testimonies
Lawyers may interview witnesses who were present at the time of the accident. Witness testimonies can provide crucial information about the sequence of events, the actions of the parties involved, and any other relevant details. These testimonies can help establish liability and strengthen the case.
Expert Opinions
Lawyers may consult with accident reconstruction experts, medical professionals, or other specialists to provide expert opinions. These experts can analyze the evidence, reconstruct the accident, and provide professional insights regarding liability. Their opinions can carry significant weight in proving negligence and liability.
Prior Case Precedents
Lawyers may refer to previous cases with similar circumstances to establish liability. They can use legal precedents to argue that the responsible party should be held liable based on established legal principles and court decisions.
Negotiation and Litigation
Once liability is established, lawyers can negotiate with insurance companies or the responsible party’s legal representation to seek a fair settlement. If a settlement cannot be reached, lawyers may proceed to litigation and present their case in court. They will present the evidence, call witnesses, and argue their client’s position to prove liability.