Car accidents are as old as the cars themselves. So, it’s imperative to know what to do in the event that you suffer an accident on the roads.
The most complicated part of the post-accident process is dealing with a lawsuit. It’s genuinely not easy. If you are not the one filing the lawsuit, you can be sure someone else is doing it against you.
In one way or the other, you should be prepared for a lawsuit when an outside court settlement appears not to be a favorable option. The secrets on how to win a car accident lawsuit are in the proper application of the law. So, it’s ideal to familiarize yourself with a few basics.
The Legal Obligations of the Parties Involved
In every car accident case, there are two parties: the plaintiff and the defendant. If you are the person filing the case, you are referred to as the plaintiff. Legally, your obligations are to:
- Prove that you sustained injuries from the car accident or suffered other forms of loss.
- Prove that the other party failed to act accordingly (breached the Duty of Care) on the road at the time that the accident happened.
- Prove that it was because of the other party’s negligence that you suffered the injuries.
On the other hand, if you are the person sued, the law calls you the defendant and you are legally expected to claim the responsibility or argue your case.
The first option makes the case easier for both parties but the second one is the most complicated. In such an event, you should hire an experienced auto accident lawyer as soon as you are summoned to appear before the court. The lawyer will help you argue your side and seek reprieve from the court.
The Evidence to Present in Court
It’s important to collect as much evidence from the accident scene as possible when dealing with a car accident lawsuit. You may consider:
- Talking to a few witnesses and ask them to make a statement in your favor.
- Take video and image evidence of the accident scene to present in court.
- Present medical records from the doctor.
With the evidence, you can argue that your degree of fault was not as massive as the other party’s. The legal principle applied here is called Comparative Negligence where the court rations the damages depending on the share of fault.
Every responsible driver needs to know how to win a car accident lawsuit, because you can’t predict the misfortune. In the event that it happens, apply the above information to your advantage and hire an experienced auto accident attorney, and you will be guaranteed a victory.