What is Needed to Win a Car Accident Lawsuit?

    ATLANTA, GA, August 14, 2011 /24-7PressRelease/ -- If you have been injured in a car accident and believe the other driver was at fault, you should seek compensation for your damages in a car accident lawsuit. But in order to win your claim, you will need to be able to prove that:

- The other driver's negligent actions caused the car accident
- Your injuries were directly caused by the accident and as a result, you suffered financial damages

In order to increase your chances of success, you will need to work with an experienced car accident lawyer who understands all of the state laws that apply to your claim.

Proving Fault in a Car Accident Claim

In many car accidents, there may be a dispute as to who was at fault. If this is the case, it may come down to whether a jury believes your story more than the other driver's story. In order to avoid such uncertainty over the facts surrounding your case, you will want to have some sort of "official" support for your version of what happened. The best way to obtain this support is with a police report.

If you believe the other driver was at fault for the car accident, you should always insist that a police officer be dispatched to the scene to fill out an accident report. Having a police report indicating the other driver was responsible is the easiest way for you to prove fault in your car accident claim.

The officer will be able to evaluate evidence such as skid marks, the positioning of the vehicles, the location of damage on each car, and each driver's story to arrive at a conclusion regarding who is at fault. If the officer issues a citation to the other driver for a traffic violation such as speeding or running a red light, it will further strengthen your claim.

Situations where Fault is Obvious

In certain situations, it may be obvious that one driver was at fault based on the nature of the accident. Two types of accidents where determining fault becomes clear-cut are rear-end collisions and left turn accidents.

In about 99% of rear-end collisions, the driver who hit you from behind will be at fault since the law requires all drivers to keep a sufficient following distance to stop safely regardless of the situation. Also, the damage to the two vehicles should make it clear who was at fault. If your rear end is damaged and the other driver's front end is damaged, it is clear that you had been rear-ended.

As with rear-end collisions, left turn car accidents will almost always place fault with the driver making a left turn. Basic rules of the road dictate that drivers must wait to make a left turn until it is safe to do so. However, there are a few exceptions which may make the driver going straight at fault for the accident:

- The driver going straight was speeding
- The driver going straight ran a red light

In these accidents, the damage to the vehicles will also make it obvious that the car accident was caused by a driver making a left turn improperly.

Damages in a Car Accident Claim

Once you prove that the other driver was at fault, you will need to demonstrate that you suffered damages as a result of the car accident. These damages may consist of:

- Current and future medical expenses
- Rehabilitation costs
- Lost wages
- Pain and suffering

Your car accident lawyer will need to have your doctor testify in order to establish the severity of your injuries. In general, the worse you were injured, the more money you may be entitled to recover. For example, if you require ongoing medical care to treat an injury that becomes a chronic condition, you may be entitled to more compensation than if your injuries were treated once and then healed completely.

For more information on what you will need to win a car accident, please visit the website of Robbins & Associates, serving clients in Atlanta, Georgia at http://www.robbinslaw.com.

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