If you have been injured in an accident, it is important that you have evidence to prove that the other driver caused the crash. Below are examples of evidence we use in car accident cases to prove fault.
- Police Report — By law, you are required to report traffic accidents that result in injuries or damage of $100 or more. However, it is usually in your best interest to report any car accident and request police assistance. The police report has information that we can use as we investigate the accident to gather additional evidence of fault. In addition, the accident report is an official statement that the collision did, in fact, take place on the date and time you allege.
- Physical Evidence from The Crash Scene — Crash photos can be very useful in an accident case. The photos can show the severity of the damage to the vehicles, any skid marks on the road, road signs and traffic signals, and other objects that may have contributed to the cause of the accident. If possible, take photographs immediately after the collision if you can do so without placing yourself or others in danger.
- Eyewitness Testimony — Eyewitness testimony can be very convincing in a trial. An independent eyewitness, someone who was not involved in the accident, does not have a stake in the outcome of the case. Juries sometimes give more weight to an independent eyewitness because of this fact.
- Medical Records — Medical records are an important piece of evidence we use in traffic accident cases. Your medical records substantiate your claim of injuries. However, they also establish the severity and extent of your injuries and provide a prognosis. Your prognosis can be used to establish future damages, including future medical expense and future loss of income. You can be compensated for future damages when an injury causes permanent or long-term disability.
- Reconstruction Experts — In some cases, we employ a reconstruction expert to “reconstruct” the crash. An expert can use the evidence from the accident scene and the evidence from the vehicles involved to determine how the collision occurred. By reconstructing the accident, the expert can prove that the other driver caused the crash.
Our New Orleans accident attorneys will aggressively pursue all avenues to identify and gather evidence that proves the other driver was at fault.
Why is Fault Important?
You cannot recover compensation from the other driver unless you can prove that he or she caused the crash. It is our goal to show that the other driver is 100 percent at fault for the collision because we want you to recover full compensation for your claim.
Under Louisiana’s comparative negligence laws (LA Civ Code 2323), if you are partially responsible for the cause of the crash, your compensation can be reduced by your percentage of fault. In other words, if your damages are $100,000 but a jury finds you are 20 percent at fault, the most you can receive is $80,000 (the total damages less your percentage of fault).
Therefore, it is our goal to obtain evidence to prove that you did not contribute to the cause of the crash in any way. By proving the other driver was 100 percent responsible for the crash, we can increase your chance of recovering compensation for all damages.
Call a New Orleans Personal Injury Attorney for a Free Consultation
Contact Attorney Fred Olinde of The Olinde Firm at (504) 587-1440 or 1-800-587-1889 to request a free consultation with a New Orleans accident attorney. We accept most cases on a contingency fee basis.