How To Establish Liability in a Car Accident Claim

If you’ve been involved in a car accident in Milwaukee, gathering compelling evidence is crucial for a successful claim. In this guide, we’ll walk you through the essential steps to collect compelling evidence to support your car accident claim effectively.

Document the Scene Thoroughly

The first step in building a solid car accident claim is to document the scene of the incident comprehensively. Use your phone or camera to take clear, high-resolution photos of the following:

• Vehicle Damage: Capture detailed images of all vehicles involved from multiple angles.
• Skid Marks and Road Conditions: Note any skid marks, potholes, or other road conditions that may have contributed to the accident.
• Traffic Signs and Signals: Document the state of traffic signals, signs, and any relevant road markings.
• Weather and Lighting Conditions: Take photos to capture the weather conditions and lighting at the time of the accident.

Obtain Witness Statements

Eyewitness accounts can significantly bolster your case. Approach individuals who witnessed the accident and ask for their account of what transpired. Make sure to collect their:

• Full Name
• Contact Information

Encourage them to be as detailed as possible in recounting what they saw. These statements can serve as valuable evidence in demonstrating liability.

Secure the Police Report

Contact law enforcement to report the accident. When they arrive, provide them with an accurate account of the events leading up to the collision. Ensure you obtain a copy of the police report, as it can serve as a crucial piece of evidence. This official document will contain key information, including:

• Date, Time, and Location of the Accident
• Names and Contact Information of Parties Involved
• Witness Statements (if recorded)

Preserve Medical Records and Reports

Seeking prompt medical attention after a car accident is crucial, even for seemingly minor injuries. Ensure you keep detailed records of:

• Medical Bills and Invoices
• Prescriptions and Medication Records
• Diagnosis and Treatment Plans

These documents serve as tangible evidence of your injuries and the associated costs, which are essential for calculating compensation.

Maintain Communication Records

Keep track of all correspondence related to the accident, including:

• Emails with Insurance Companies
• Letters or Notices Received
• Notes from Conversations with Adjusters

This documentation helps demonstrate your efforts in pursuing a fair settlement and showcases any potential attempts to minimize your claim.

Different Types of Liability in Wisconsin

You must establish liability in order to recover compensation from your car accident claim. According to the Milwaukee car accident lawyers at Cannon & Dunphy, determining fault is a structured process that hinges on the following four key elements:

• Duty of Care: Every driver assumes a basic responsibility when they get behind the wheel: to operate the vehicle with caution and respect for others on the road. This means obeying traffic laws, adjusting to weather conditions, and being alert to their surroundings. For instance, a driver should know that texting while driving is a dangerous practice that can endanger others on the road.
• Breach of Duty: A breach of duty occurs when a driver neglects their responsibilities. It’s an action—or lack thereof—that diverges from the expected behavior of a responsible driver. Examples include speeding in a school zone or driving under the influence.
• Causation: In car accident claims, establishing liability involves much more than showing a breach of duty. You must show that the driver’s breach of duty directly led to the accident. For instance, if a driver runs a red light and hits a pedestrian, the accident wouldn’t have occurred if the driver had upheld their duty of care. Therefore, the causation is evident.
• Damages: Lastly, you must prove that you suffered damages as a result of the accident that you could recover in your claim. These may include medical expenses, lost wages, and other financial damages, as well as physical or emotional pain and suffering.

Establishing liability is crucial for a successful car accident claim. Following the steps in this guide helps build a strong case and shows your commitment to fair compensation. Thorough documentation of the accident scene, obtaining witness statements, and securing the police report are fundamental steps. Additionally, preserving medical records and maintaining communication records with relevant parties are vital in substantiating your claim.

Being involved in a car accident can be a traumatic experience, but taking the right steps in the aftermath can make a significant difference in your ability to seek compensation. One of the crucial aspects of a successful car accident claim is gathering compelling evidence to establish liability. In this guide, we’ll walk you through the process of collecting evidence to strengthen your case and increase your chances of a successful claim.

To recover compensation in a Milwaukee car accident claim, you will need to establish the other driver’s liability. Determining fault is a structured process that hinges on four key elements: duty of care, breach of duty, causation, and damages.

Duty of Care

Every driver assumes a basic responsibility when they get behind the wheel: to operate the vehicle with caution and respect for others on the road. This means obeying traffic laws, adjusting to weather conditions, and being alert to their surroundings. For instance, a driver should know that texting while driving is a dangerous practice that can endanger others on the road.

Breach of Duty

A breach of duty occurs when a driver neglects their responsibilities. It’s an action—or lack thereof—that diverges from the expected behavior of a responsible driver. Examples include speeding in a school zone or driving under the influence.

Causation

In car accident claims, establishing liability involves much more than showing a breach of duty. You must show that the driver’s breach of duty directly led to the accident. For instance, if a driver runs a red light and hits a pedestrian, the accident wouldn’t have occurred if the driver had upheld their duty of care. Therefore, the causation is evident.

Damages

Lastly, you must prove that you suffered damages as a result of the accident that you could recover in your claim. These may include medical expenses, lost wages, and other financial damages, as well as physical or emotional pain and suffering.

• Gathering Compelling Evidence: To substantiate these elements and prove your right to financial compensation, you will need to gather several pieces of evidence. Here are some crucial types of evidence:
• Witness Testimonies: Eyewitness accounts can provide crucial perspectives on the events leading up to the accident. These accounts can corroborate details and strengthen your case.
• Traffic Camera Footage: If available, traffic camera footage can offer clear visual evidence of how the accident occurred, potentially supporting your claim.
• Police Reports: Official reports filed by law enforcement officers at the scene of the accident can serve as important documentation of the incident.
• Medical Documents: Medical records detailing your injuries and treatment are essential in establishing the extent of your damages.
• Expert Opinions: Information from experts, such as accident reconstruction specialists or medical professionals, can lend credibility to your case.

Conclusion:

Building a strong car accident claim in Milwaukee hinges on the ability to establish liability. By understanding the elements involved and gathering compelling evidence, you can greatly enhance your chances of a successful claim. Remember, seeking the guidance of an experienced car accident attorney can provide invaluable support throughout this process, ensuring your rights are protected and you receive the compensation you deserve.