After a car accident, it may only take a couple of seconds of talking to the other driver to realize that there will be problems with getting money to pay for medical bills and car repairs. You may have known another driver was speeding or looking at their phone when the accident happened. But the other driver denies doing anything wrong or tries to blame you for the accident. How can you prove the other driver was at-fault? Your Denver auto accident attorney can help.
Traffic Violations and Fault in an Accident
Fault in a car accident is usually shown through negligence. Fault is important to determine because the at-fault driver is generally liable for damages, including medical expenses, lost wages, and vehicle repairs. Negligence can be shown through proving the other driver was not using reasonable care when driving. However, negligence per se may be shown if the other driver was violating a traffic law that is intended to keep drivers safe.
To prove negligence per se because of a speeding violation, a jury would have to find:
- At the time of the accident, there was a speeding law in effect;
- A violation of the speeding law constitutes negligence; and
- If you find the driver was speeding, you may only consider it if you also find that speeding was a cause of the claimed injuries, damages, or losses.
Proving Speeding with Accident Investigation
Evidence at the site of the accident and the damage caused can be used to estimate the speed of the vehicles involved. This includes looking at skid marks to estimate how fast a car was going when the driver hit the brakes. The type of vehicle, vehicle damage, area of impact, and setting off airbags can also be used to estimate the force and speed of the vehicles.
Proving Speeding with Surveillance Video or Dash Cams
There are more cameras surveilling everyday drivers than ever before. A number of vehicles have dash cams that record what is happening in front and in the rear of a vehicle. If the vehicles involved in the accident have a dash cam, this footage can be used to estimate speed. Other vehicles on the road, including commercial drivers, may also have video footage. Even nearby stores, parking lots, or doorbell cameras may have relevant video of the accident or vehicle speed.
Speeding and Vehicle Electronics
Some vehicles also collect vehicle data which can be used to show the driver's speed at the time of the accident. This information may be recorded on an electronic vehicle recorder, sometimes called a “black box.” This information may be discoverable by your attorney to look for evidence of speeding or negligence in causing the accident.
Lyft or Uber Speeding and Accidents
If the other driver was using a rideshare app, the information gathered by the rideshare company may also be used to show the Uber driver was speeding. Rideshare drivers are required to open and use their app while waiting for a ride and during the paid fare. This information can be used to show how fast the driver was going at the time of the accident. Even if the other driver or the rideshare company does not want to share this information, your lawyer may be able to get the data as part of trial discovery.
Colorado Auto Accident Injury Lawyer
The attorneys at accidentdenver.com have successfully represented drivers and passengers in Denver, Boulder, and throughout Colorado who were injured in a car accident. Our experienced attorneys will fight to get the maximum compensation available for your injuries. Contact us today for a free consultation.