In order to win a wrongful death lawsuit against a driver who may have caused a car crash that killed your loved one, you have to be able to prove that the driver purposely killed your loved one or that they acted negligently and their actions led to your loved one's death. Most sane people do not go around purposely trying to kill other drivers with a car, so odds are, you will need to prove negligence in order to win the case. Here are a few different ways that negligence an be proven in a wrongful death claim.
Through a Police Report
One of the best ways to prove negligence in a wrongful death car accident case is through the use of a police report. When a fatal accident occurs, the police will make a report. They will try to figure out why the accident occurs and who is at fault. If they state the other driver was speeding, using their cell phone or ran through a red light, you have strong proof of negligence.
Based on Witness Statements
Another way to prove negligence for these types of cases is by obtaining witness statements. Witness may come forward to describe what happened. They may say that the other driver was driving erratically, ran a stop sign or was not paying attention to the road. All of these statements can be used to prove the negligence of another driver in a personal injury or wrongful death claim.
Obtaining Surveillance Video
Video evidence does not lie. So if your loved one was involved in a fatal accident, you or your attorney should try to obtain any footage leading up to or during the accident from local homes or businesses. It can show exactly what happened, who was at fault and why the accident occurred, which can be useful when proving negligence.
With the Help of an Accident Recreationist
The last way that negligence can be proven in a wrongful death car accident case is with the assistance of an accident recreationist. The recreationist can recreate the accident, based on the police report and witness statements. Just like a video, a recreation can help give insight into how and why an accident occurred and who may have been at fault.
When you bring a personal injury wrongful death suit against another party, the burden is on you to show that they had responsibility for your loved one's death. This can be a heavy burden. If you are in this position, an attorney who specializes in personal injury cases, wrongful death cases or car accident cases can assist you. The sooner you contact one, the better off you are, as evidence disappears the longer you wait, making it harder to prove your case.Share