If you have been harmed in a car accident due to a negligent driver, you might want to file a car accident claim or lawsuit against this person to recover compensation that covers your medical expenses and lost wages. In Salem, drivers who cause an accident should pay for the victim’s damages. But before this happens, fault should be determined first. Proving fault can be difficult and you should hire a car accident attorney Salem to guide you through each step of the process.
How to Prove Negligence in Car Accident Claims
In the state of Oregon, you can recover compensation after a car accident by filing an insurance claim or lawsuit. You must follow the same process to prove liability.
When you file an insurance claim, an insurance adjuster will handle your case and perform an investigation. The adjuster will review the evidence available like medical records and testimony as well as determine whether their client was responsible for the accident.
But proving negligence in a personal injury lawsuit is more complex. You and your lawyer should give evidence to show that the at-fault driver owed you a duty of care, that this driver breached this duty, and this breach resulted in your accident and injuries. Also, you need to demonstrate that you sustained damages because of the accident. Evidence like surveillance footage, medical records, witness testimony, and police reports can help prove such elements as well as establish your legal right to compensation.
Important Steps to Take After a Car Accident in Salem
To establish the negligence of the other motorist involved in the accident, you must present enough evidence to the insurance company or court. Often, evidence is still accessible and fresh right after the accident. So, try to preserve all pieces of evidence you can access. Also, take the steps below to protect yourself and your rights:
- Report the crash. Contact 911 to report your accident and once the responding officer arrives at the scene, speak to them and ask for their information. This way, you can easily find the police report later.
- See a doctor. Get yourself checked by a doctor even if you initially feel fine. Your medical records will be used as evidence in your injury claim. Sometimes, injuries in car accidents don’t present immediate symptoms and you can prevent them from getting worse when they are discovered through a comprehensive medical evaluation.
- Document evidence. Take photos of your injuries, vehicle damage, debris, and traffic signs or signals. These can be invaluable evidence your attorney can use to support your claim.