Auto Accident Using Different Types of Evidence in Auto Accident Cases By Law Office of Robert Castro, P.A. | September 16, 2024 Share If you have been injured in a Calvert County, MD car accident, you are entitled to compensation. All victims of auto accidents in Maryland must prove the four legal elements of negligence. That is, to obtain compensation from the party responsible for the accident, it must be proven that the other party was negligent. Legally, this means proving four things: duty, breach of duty, causation and injury. Proving negligence can be difficult for those who are not trained in the law, which is an important reason to consult with Calvert County, MD car accident lawyers. If you have been injured, contact us here at the Law Office of Robert Castro. Our number is (301) 870-1200. We know the law and legal procedures and can help you receive the compensation that you deserve. Among other things, we are skilled at finding evidence and “pairing” various types of evidence with the legal elements that must be proven. “Evidence” is many different types of things like oral testimony from witnesses, documents like medical records and police reports, photos, videos, audio recordings, data “pulls” from vehicle “black boxes, physical things (like car parts) and more. “Proving liability” is the process of gathering each piece of evidence and accumulating them with each element that must be shown. Of course, how each element is proven depends on the case since each case will be unique. For example, the “duty” elements might be different in different cases. There are several potential duties that are owed by drivers and, as such, the duty element might be proven in different ways depending on what the claimed duty is. All drivers have a duty to be careful while driving. Drivers also have a duty to obey traffic laws (by not speeding, for example). Likewise, tire manufacturers have a duty to manufacture and sell safe times and repair shops have a duty to make the correct and sufficient repairs. Different types of evidence might be needed to prove a breach of duty for each of these circumstances. In one case, the duty might be lack of careful driving which was breached because the at-fault driver was distracted. Distracted driving is often shown by testimony or on-board cameras. In a different case, the duty breached might involve violation of traffic laws — like speeding. Here, the types of evidence that can prove speeding was the cause of the accident might involve camera video, testimony and/or data from the car’s “black box.” With something like a blown-out tire, the main evidence will likely be expert evidence, reports and test results. Other types of evidence might be “paired” with the other elements necessary to prove negligence. For example, injuries are often proven with medical records including reports (and, sometimes, testimony) from treating physicians. This is also true for the causation element (which means proving that the injuries were caused by the accident). With causation, another type of evidence — expert reports and testimony — is sometimes needed. Contact Waldorf, MD Personal Injury Attorney Robert Castro Today This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland personal injury lawyer at (301) 870-1200. We are Waldorf, MD, Personal Injury lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.
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