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How do you prove that the driver who hit you was negligent?

On Behalf of | Sep 26, 2022 | Car Accidents |

There are countless reasons that another driver might need to blame for your recent Ohio wreck. Maybe they ran a red light, or perhaps they failed to signal before changing lanes, leading to a preventable collision with your vehicle.

At the scene of a crash, police officers will talk to you and the other driver to see who is to blame. Sometimes, if the officer determines that one of you broke the law, they will issue a citation. Misconduct is a valid reason to pursue a personal injury lawsuit or insurance claim against another driver.

Negligence could also be the basis of a request for financial compensation. How do you prove that another driver was negligent immediately before a crash?

Negligence means failing to do what others would

You may feel like someone was negligent and still not be able to claim negligence in the civil courts. In the legal world, the word negligence refers specifically to an individual behaving in a way that a reasonable person would not in the same situation.

For Ohio drivers, choosing not to reduce their speed during a snowstorm could be a form of negligence. State law requires that drivers comply with posted speed limits and also drive at a speed that is appropriate given road conditions.

Although driving at the speed limit may not technically be a wrongful act during inclement weather, it could certainly be negligent behavior. The average, reasonable person would agree that driving at normal speeds in a snowstorm could increase someone’s risk of a collision.

How do you convince the courts of what a reasonable person might do?

There are numerous ways to convey to the courts how someone else was negligent at the wheel. You might bring in expert witnesses like instructors who provide driver’s education. They can relate how they tell everyone to reduce their speed during adverse winter weather.

On the other hand, sometimes behavior is so plainly negligent that expert testimony is not necessary. You simply need an attorney to highlight the details of the crash to show that someone didn’t act in a prudent or reasonable manner.

Understanding what you have to prove to secure compensation will help those dealing with property damage or injury-related losses following a car crash.



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