When a car accident first occurs, it can be difficult to determine who is at fault. Even if one car clearly struck the other, both drivers could still be partially responsible for the accident if they both committed driver errors. Driver errors are generally defined as negligent behaviors behind the wheel or violations of traffic regulations.
Driver errors may include traffic violations such as:
- Driving at an excessive rate of speed for conditions.
- Failing to yield the right-of-way.
- Failing to stop at a stop sign or violating a traffic signal.
- Following too closely behind another vehicle.
- Unsafely merging on to the highway.
Driver errors may also include other reckless or negligent driving behaviors including:
- Driving while under the influence of drugs or alcohol.
- Driving while distracted.
- Driving while drowsy.
- Aggressive or erratic driving (e.g., swerving in and out of traffic).
Proving driver negligence with evidence
If you have been in an accident in Virginia, you may recover compensation for your accident-related medical expenses, lost wages, pain and suffering, and other damages, if you can prove that another party’s negligence caused your accident. You can prove the other driver’s negligence with the following evidence:
- Police reports providing information on what the officer at the scene thought caused the accident and citations that were issued.
- Intersection camera footage, dashcam footage, and photos/videos from the scene.
- Testimony from eyewitnesses who witnessed the car accident.
- Testimony from accident reconstructionist experts who use data from the scene to help determine what likely caused the accident.
- Testimony from medical experts regarding nature and extent of injuries allegedly caused by the accident.
- Medical records detailing treatments received following the accident.
Proving driver negligence is not easy and may require the help of an experienced personal injury attorney. Your attorney can help come up with an effective strategy to prove that another driver’s negligence caused your accident and your resulting injuries and damages.
