How West Virginia residents can prove driver negligence

Individuals who have suffered a personal injury as a result of a car accident might immediately want to know how to prove that the other driver was at fault. However, proving driver negligence in court is not easy, even if it seems straightforward. For example, there has to be a personal injury or loss attributed directly to the car accident.

A court will likely first look at the vehicle's condition at the time of the accident. This does not necessarily mean that the court will consider things like rust or chipped paint. Instead, the court will likely be looking at parts such as brakes to find out if the other driver neglected the vehicle enough to cause an accident. Headlight condition may also be considered if the accident occurred when it was dark outside or during inclement weather such as rain or fog.

A court may also try to find evidence that the driver failed to exercise reasonable care. Examples of failure to exercise care may include using a mobile phone, swerving in and out of lanes and neglecting to wear prescription eyeglasses. Failing a Breathalyzer test is another example of failure to exercise care that is often quickly considered negligence.

Finally, a court may also want to find evidence that the driver was not in full control of his or her vehicle. For example, perhaps the driver did not have both hands on the steering wheel at the time of the accident, or perhaps he or she was leaning back too far in the seat.

When someone is injured in a car accident, he or she might want to take the issue to court immediately. However, a consultation with an attorney experienced in auto accidents may be in order prior to making a final decision. Determining negligence can be complicated, and a qualified attorney may be able to help an injured person decide if he or she has a solid case.

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