Car Accident Lawyers in Louisville, KY
In the blink of an eye, another’s poor judgment behind the wheel can alter a person’s life. With over 6 million car crashes annually, car accidents are a leading cause of injuries and death in the United States. While a motorist may take all necessary precautions, a car accident can still occur unexpectedly.
If you have been in a motor vehicle collision, now is the time to hire a representative on whom you can depend. Give our injury lawyers in Louisville a call today.
Establishing Fault
For a car accident victim to recover damages, fault must be established. These elements include:
- Duty of care: A motorist has a duty to follow traffic regulations for all road users.
- Breach of duty: A motorist violates that duty when failing to follow traffic laws.
- Causation: The at-fault motorist (defendant) caused the plaintiff’s injuries. Causation has two parts: actual and proximate cause. Actual cause means that the plaintiff’s circumstances directly result from the defendant’s behavior. Proximate cause means that the defendant’s actions could foreseeably cause the plaintiff harm.
- Damages: The plaintiff suffered measurable losses (such as injuries, emotional trauma, and financial distress) as a result of the defendant’s actions.
Gathering Evidence
Following a car crash, the victim must collect evidence to determine which motorist was at fault. Evidence in a car accident may include any of the following:
Video Surveillance
While many cities utilize speed safety and red light cameras, automated enforcement is prohibited in Kentucky. So, a car accident victim must rely on cell phone videos, dash cams, and body cams to collect crash video footage. However, the circumstances will dictate whether cell phone footage is admissible in court.
Photos
Documenting the accident scene, including vehicle wreckage, identifying landmarks, and skid marks, could go a long way in filling in any missing details regarding a car accident. The difficult aspect of a car accident case is collecting photographs. That is why it is essential to hire a Louisville car accident lawyer.
Witness Testimony
An eyewitness can provide invaluable insight into the events leading to a crash. A witness can describe what he or she saw or heard and even provide information on the atmosphere immediately following the accident. A third-party witness can give an impartial perspective on what occurred, even helping to determine liability.
