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What Evidence Helps To Prove the Other Driver is At-Fault

What Evidence Helps To Prove the Other Driver is At-Fault?

Have you been in a car crash that was not your fault? You may believe filing a claim is a simple process, that proving the other driver was at-fault is a simple task. The truth is, even if the other driver was speeding and ran a red light, working with an experienced car accident claim law firm is a good idea to protect you. Dealing with insurance companies following an auto accident can be difficult and predatory. Reach out to our team today for a free consultation in your case.

Listed below is insight into what evidence helps to provide the other driver is at-fault in your accident:

Evidence and the Burden of Proof

Car insurance companies know that in the rare event that an insurance claim becomes a civil lawsuit that makes it all the way to trial, the burden of proof in obtaining recovery (compensation) lies with the person seeking damages. That means that the injured party—called the “plaintiff” once the case goes to court—bears the burden of establishing that the other driver was at fault for the car accident and that the plaintiff suffered injury and damages. This burden of proof colors the insurance claim process too.

That means the injured person must gather evidence that substantiates:

  • his or her version of the events leading up to the accident
  • claims of physical injury, and
  • claims for lost wages.

Evidence can come in many forms, and may include documents such as medical bills and records, photographs, and witness statements or testimony.

Evidence from the Scene of the Accident

Even a seemingly minor car accident can be a disorienting experience. After an accident, check on the well-being of your passengers, as well as any other drivers, and call for paramedics if there are any obvious injuries.

Regardless of the severity of the accident or injuries, call the police and wait for a report to be made. Having a police report created at the time of the accident is extremely important in ascertaining which driver is legally at fault.

Take the time to gather all pertinent evidence at the scene of the accident. You should obtain the name, address, driver’s license number, vehicle plate numbers, and insurance information from all other drivers involved. Find out whether any of the drivers were driving for their employer at the time of the accident, and if so, obtain the employer’s name and contact information.

In addition, gather the names and contact information of any witnesses to the accident. Use your phone to take photographs of the accident scene.

Pay close attention to the condition of the vehicles involved, the location of traffic signals, and any skid marks, vehicle debris, or other evidence. You may also want to take notes of any statements made by the other drivers or witnesses.

Evidence of Damages

In most car accident cases, a significant portion of recovery is related to compensation for vehicle damage. Gather all records related to car repairs and car rentals. This includes documentation of any recent repairs or improvements made to your car shortly before the accident. For instance, if your car was totaled in the accident, you can increase the value assigned to your vehicle if you have proof that you recently replaced all four tires, or expensive components of the engine. Accordingly, if applicable, you should gather this type of information and accompanying receipts. Learn more about repair options after a car accident.

Perhaps the most important component of evidence-gathering in car accident cases relates to documenting the nature and extent of your injuries. After a car accident it’s extremely important to obtain timely medical treatment for any injuries and to inform all treating health care providers that you were involved in a car accident.

Keep a journal with information relating to healthcare appointments, including who you saw, the treatment obtained, and whether you were required to pay any money at that particular visit. Once you have completed all treatment, ask for a complete copy of all of your medical records, including diagnostic images like x-rays or MRIs. In addition, gather all medical bills from each provider, and make sure you track down all necessary pay stubs, W-2s, and other evidence to support any lost wages/lost income claim.

Additional Evidence

If you’ve filed a personal injury lawsuit, you can obtain information from the at-fault driver through the use of car accident interrogatories—written questions that the other party must answer, under oath, within a specified period of time. You can use interrogatories to gather evidence for your case, such as learning of the defendant’s conduct prior to the accident.

You can also gather evidence through a deposition, which is out-of-court testimony, given under oath, and generally recorded and transcribed by a court reporter. Depositions can lead to important evidence, but may also be introduced as evidence at trial to challenge the credibility of a witness whose testimony has changed over time.

If you’re injured in a car accident, gathering the right evidence is just one way an attorney can help with your case.

Spanish Speaking Car Accident Lawyer in Houston, Texas

Spanish-speaking individuals can have a more difficult time seeking justice in their personal injury cases due to language barriers. This causes them to not take action against those who have left them with financial devastation and physical trauma. At the Law Office of Beverly R. Caruthers, our team refuses to let a language barrier affect your right to justice and compensation. If you or someone you love has been injured in an accident and is in need of Spanish-speaking legal advice, our team is here for you.

Personal Injury Lawyer in Houston, Texas

If you or someone you love has been involved in a car accident and suffered an injury, experienced loss of income, or are unable to work due to a car accident, you can benefit from the services of a Houston car accident expert in your personal injury case. Whether you missed work due to an injury or due to not having access to a vehicle, Attorney Beverly R. Caruthers can help you!

Beverly R Caruthers Law Office
Address: 4141 Southwest Fwy, Suite 620
Houston, TX 77027
(713) 526-9557
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In the aftermath of an accident that leaves you or a loved one injured, it is crucial to know where to turn for support and justice. The Caruthers Law Firm stands as a beacon of unwavering commitment to the cause of pursuing justice for injury victims. With a track record that speaks volumes about our dedication to excellence and passion for our clients, we have garnered recognition throughout the Houston area as a trusted name in the legal community. When you or a family member suffers an injury due to the negligence of another, the need for an attorney who is not just competent but also recognized for their excellence becomes paramount. The Houston personal injury attorney at The Caruthers Law Firm fits that bill precisely. We have earned accolades and trust from our clients because we don not just handle cases; we champion causes. Our cases frequently involve traumatic, life-altering events, such as the loss of a loved one, and our relentless pursuit of justice ensures our clients receive the compensation necessary to secure their financial future. Our dedicated efforts have successfully secured over $50 million in settlements for our clients, and our commitment to excellence has brought us national recognition, particularly in fields like birth injury law. Whether your life has been upended by a tragic accident or the negligence of another party, you can confide in Caruthers Law Firm to handle your case with the utmost skill, dedication, and compassion in your time of need. Every case we undertake is treated with the gravity and importance it deserves, and we strive to provide the best possible representation to our clients. At Caruthers Law Firm, our attorneys boast an impressive array of knowledge and expertise in various practice areas, including personal injury, criminal defense, wrongful death, and more. We fully acknowledge that each case is unique, and we value the individual concerns and needs of our clients. This understanding leads us to craft tailored legal strategies that address each case is distinctive challenges. When you choose Caruthers Law Firm as your legal representation, you can expect a high degree of professionalism, unwavering integrity, and an unparalleled commitment from the beginning of your case to its conclusion. We are not just lawyers; we are advocates for your rights, dedicated to securing the justice you deserve.

For over three decades, Beverly R. Caruthers has been on an unwavering mission to provide her clients with top-notch, tenacious, and compassionate legal services and representation. Attorney Beverly R. Caruthers has not only amassed extensive experience but has also consistently delivered high-quality legal assistance to those who have sought her counsel. Her journey to legal expertise began with academic distinction, having graduated Cum Laude with a Bachelor of Arts from Tougaloo College, followed by the acquisition of her Juris Doctor from Thurgood Marshall School of Law at Texas Southern University. With a primary focus on Personal Injury, Criminal Law, and Business Law, Attorney Beverly R. Caruthers has honed her legal acumen in these pivotal areas. Complementing her knowledge and skills, The Law Office of Beverly R. Caruthers is fortified by a collaborative team of seasoned and highly qualified attorneys. Together, they work tirelessly to achieve the best possible outcomes for each and every client they serve. In the Caruthers family, the pursuit of legal excellence seems to be a cherished tradition. Briona Caruthers, following in the footsteps of her older brother and colleague, hails from Missouri City, Texas, where she graduated from Elkins High School in 2015. Venturing outside her hometown, she spent four years at Hofstra University in New York, where she diligently earned her Bachelor Degree in Legal Studies in Business in 2019. After her academic journey in New York, she returned to her roots in Houston, Texas. There, she attended the same illustrious institution where her mother, Beverly R. Caruthers, and her brothers, Eddie and Parker Caruthers, had studied—the Thurgood Marshall School of Law at Texas Southern University. In 2022, Briona graduated Cum Laude from TSU, thereby continuing the family legacy. Beyond her legal pursuits, Briona finds solace in retail therapy and enjoys exploring the world through her travels when she is not in the office, fervently advocating for her clients rights. Parker Caruthers, another member of the Caruthers family, was born and raised in Missouri City, Texas, where he completed his high school education at Clements High School in 2012. His educational journey took him to Texas Southern University in Houston, Texas, where he earned a Bachelor’s Degree in Marketing in 2017. Parker commitment to legal studies led him to the Thurgood Marshall School of Law at TSU, from where he graduated in 2021. During his time in law school, Parker legal prowess shone through as he secured victory in the Helen Dawn Williams Mock Trial competition, all while gaining valuable experience through internships at the Harris County District Attorney’s Office. Opting to take a different path by not pursuing prosecution, Parker joined Caruthers Law Firm in 2021. Beyond the legal realm, Parker passions extend to sports fandom and his role as a proud dog owner. At the Caruthers Law Firm, we take a refreshingly transparent and candid approach when assessing our potential clients circumstances. We believe in clear, honest, and direct communication, leaving aside the legal jargon to speak in terms that our clients can readily understand. Each client is treated as a unique individual, receiving personalized and attentive care throughout their legal journey with us.

We are immensely grateful to each and every individual who wholeheartedly contributed to the success of "The Christmas Toy Drive and Giveaway" and "The Back to School Giveaway" right here in the vibrant city of Houston. Your support has made a profound difference in the lives of countless local children, and it is a testament to the incredible community spirit that defines our city. At The Caruthers Law Firm, we take great pride in being active sponsors of these important initiatives, which focus on providing crucial resources to Houstons youth. Some of the recipients come from families struggling with limited income, making it challenging for them to provide the necessary school supplies for their children. For others, the prospect of a joyous Christmas was a distant dream due to a lack of toys. In these circumstances, we aimed to make a meaningful and positive impact on these children and their families. It is through the unwavering support and dedication of our local community that we were able to realize this vision. We encourage you to consider joining us in this noble cause and be a part of the change in the lives of Houston families. Your involvement can take various forms, whether through donating items, contributing funds, or taking the initiative to organize a collection drive within your organization, church, club, or local community. Your support will undoubtedly go a long way in touching the lives of those in need, ensuring that every child in our city can look forward to a brighter future. By working together, we not only provide essential items but also instill a sense of hope, compassion, and generosity within our beloved Houston community. Together, we can create a stronger, more caring, and inclusive community, one that continues to uplift and empower those who need it most. Thank you for being a part of this vital mission.

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