How Your Oklahoma City Car Accident Lawyer Proves Fault

One of the first questions you will likely have after being involved in a car accident in Oklahoma City is how to prove who was at fault. The person who caused your accident should be held accountable for their negligent behavior that resulted in your injuries, car damage, medical bills, and other losses.

While proving fault can be difficult, an experienced Oklahoma City car accident attorney will guide you through the process and build the best legal strategy possible to obtain maximum compensation for your damages.

Why is determining and proving fault important after a car accident?

Determining and proving fault is important after a car accident because it will likely impact the outcome of your case. The amount of compensation you receive is based on your ability to determine and prove liability. If you are unable to establish fault, your settlement may be reduced or you will not be awarded anything for your losses.

How our Oklahoma City car accident attorney proves fault

In Oklahoma City, car accident victims must be able to show negligence occurred to prove fault. To successfully prove negligence, you and your attorney will need to show the following:

• Duty of care: The other driver owed you a duty of care to keep you and other drivers safe and harm-free.
• Breach of duty: The other driver breached this duty by behaving recklessly or carelessly by speeding, texting while driving, drunk or intoxicated driving, driving while fatigued, or running a stop sign.
• Causation: The other driver’s breach directly caused your accident and injuries.
• Damages: Due to your accident and injuries, you sustained lost income, medical bills, auto mechanic fees, pain and suffering, and more.

Evidence that your lawyer will use to determine and show fault in a car accident case

Your lawyer will use evidence to determine and show fault for your accident. Here are some examples of the type of evidence they will need:

• Police reports: The information that you give police at the accident scene is used to create the police report. Even if no one received a ticket, the police report can be a critical piece of evidence used to determine and prove
• Eyewitness testimonies: People near the scene of the accident–business owners, other drivers, pedestrians, or even bystanders–may be able to provide testimony about what they saw happen that could be used to prove fault. If possible, you should obtain their name and contact information so that your attorney can communicate with them.
• Expert witness statements: are another type of evidence that is vital to your case. Your attorney might hire professionals experienced in a field related to your accident to provide expert witness statements that will help prove fault. Expert witnesses commonly include doctors who can provide information about your injuries, auto mechanics who can explain the vehicle damage that occurred, and accident reconstruction specialists who know how certain traffic maneuvers cause accidents.
• Traffic laws: Sometimes, law enforcement officers make mistakes or miss certain information and fail to issue traffic tickets. However, even if the driver was not issued a ticket, your attorney may be able to prove that the driver violated a traffic law, resulting in your accident.
• Vehicle damage and auto mechanic notes: Your attorney can also assess the damage to the vehicles involved to get an idea of what occurred. They often review the auto mechanic’s notes and visit the accident site to gain insight into how the accident happened and who is liable. This evidence can be used to prove fault.
• Photos and videos: You should take photos and videos of the vehicles involved, your injuries, signs, debris, or anything else that you think will be beneficial to your case. Your attorney can use these photos and videos and possibly request surveillance video footage to show how the accident occurred and who caused it.

What if I’m partially at-fault for the accident?

Earlier, we mentioned that your compensation award would be based on our ability to prove fault and liability, and that is true. It is also based on how much at fault the other driver. This legal concept is called comparative negligence, and it allows folks to pursue compensation even if their actions contributed to the accident or their own resulting injuries.

Oklahoma follows a modified version of this rule, often called the 50% rule. As long as the other driver is at least 51% responsible, you can still recover damages. If you and the other driver are found equally liable, then neither of you can collect.

This is why having an experienced Oklahoma City car accident lawyer on your side is so important. Not only can we build a case for liability based on the other person’s negligence, we can also protect your best interests. We know what is and is not allowed to be admitted as evidence in trial, and how to show that your actions are not the reason you suffered an injury.

The Oklahoma City car accident lawyers at Cunningham & Mears have been helping clients prove fault for more than two decades. If you work with our firm, you can rest assured knowing that we have what it takes to guide you through this challenging process and ensure that you know and understand how insurance companies and courts determine fault. Please call our office or submit our contact form to schedule your free and confidential case review today.