Motor vehicle crashes, bicycle collisions, pedestrian accidents, and slip and falls typically result from others’ negligence. An insurance company decides fault in accident cases by reviewing evidence such as police reports, witness statements, photos, and any available video footage. They assess whether any traffic laws or safety regulations were likely violated.
To prove that the other party was at fault, you can present similar evidence, including photos of the scene, medical records, and witness testimony. In some cases, expert witnesses – like accident reconstruction specialists – may also help demonstrate negligence, showing how the other party’s actions caused the accident and your resulting injuries.
If you recently suffered injuries in an accident, it’s essential that you contact a skilled Omaha personal injury attorney right away. Your lawyer can gather the necessary evidence and retain the needed experts to prove fault in your case and maximize the compensation you recover.
How Do Accidents Typically Result from Others’ Negligence?
Motor vehicle collisions, bicycle accidents, pedestrian accidents, and slip-and-fall incidents often occur because of someone else’s negligence. Negligence means failing to act with reasonable care, and this carelessness can cause harm to others in various ways.
- Motor Vehicle Collisions – Negligence in motor vehicle accidents is common and can happen when drivers break traffic laws or drive carelessly. Speeding is a major cause of crashes, as it reduces the driver’s ability to stop in time and increases the severity of accidents. Distracted driving, such as texting, eating, or using a phone while driving, is another major cause of collisions. Driving under the influence of alcohol or drugs is a form of gross negligence that puts everyone on the road in danger. Failing to yield the right-of-way, running red lights, or ignoring stop signs are other examples of driver negligence that lead to accidents.
- Bicycle Accidents – Negligence in bicycle accidents often involves drivers not paying attention to cyclists on the road. A driver may fail to check blind spots when turning or changing lanes, causing them to hit a bicyclist. In some cases, drivers may pass cyclists too closely, which can lead to accidents. In addition, distracted or reckless driving can put cyclists at risk, especially in areas without dedicated bike lanes.
- Pedestrian Accidents – Pedestrian accidents often happen because of a driver’s negligence. For example, drivers who speed through crosswalks, fail to yield to pedestrians, or run red lights can cause serious accidents. Distracted drivers may not notice pedestrians, especially in busy intersections.
- Slip-and-fall Accidents – Slip-and-fall accidents commonly occur due to the negligence of property owners or managers, which happens when they fail to maintain safe conditions. For example, a store owner may not clean up a spill in a timely manner or neglect to put up warning signs for wet floors. Uneven flooring, broken stairways, or poor lighting can also lead to falls. Property owners are responsible for ensuring their premises are safe and free of hazards that can cause someone to slip or trip.
Common Injuries That Result from Various Accidents Due to Negligence
Motor vehicle collisions, bicycle accidents, pedestrian accidents, and slip-and-fall incidents can cause a wide range of injuries. The severity of these injuries often depends on the type of accident and the force involved. In many cases, victims require medical treatment that can be short-term or long-term depending on the injury.
- Motor Vehicle Collisions – The most common injuries in motor vehicle accidents include whiplash, broken bones, head injuries, and soft tissue injuries. Whiplash occurs when the neck jerks violently, causing strain in the muscles and ligaments. Head injuries, such as concussions or traumatic brain injuries (TBIs), can result from hitting the steering wheel, dashboard, or window. Broken bones are also common, particularly in the arms, legs, and ribs. Medical treatment for these injuries can include physical therapy, surgery, pain management, and long-term rehabilitation, especially in severe cases like TBIs.
- Bicycle Accidents – Cyclists are especially vulnerable because they have little protection in accidents. The most common injuries in bicycle accidents include fractures, road rash, and head injuries. Fractures can occur in the arms, legs, or collarbone if the cyclist is thrown from the bike. Road rash happens when the skin scrapes against the pavement, leading to painful abrasions. Head injuries, such as concussions, are also frequent. Treatment for bicycle accident injuries may include surgeries for broken bones, skin grafts for severe road rash, and neurological care for head injuries.
- Pedestrian Accidents – Pedestrians struck by vehicles often suffer serious injuries, including broken bones, spinal cord injuries, and internal injuries. Head trauma is also common, particularly when the person is knocked to the ground. Medical treatment for these injuries may involve surgeries, long-term physical therapy, and intensive care for internal bleeding or spinal cord damage.
- Slip-and-fall Accidents – Slip and falls often result in fractures, sprains, and head injuries. The most common fractures occur in the wrist, hip, or ankle when someone tries to catch themselves during a fall. Sprains are also frequent, particularly in the ankles. Head injuries, including concussions, can happen if the person hits their head on a hard surface. Treatment for these injuries may involve casting or bracing, surgery, physical therapy, and monitoring for head trauma.
In all of these cases, timely medical treatment is crucial to recovery and preventing long-term complications.
How the Insurance Company Makes a Decision About Fault
When an accident occurs, whether it involves a motor vehicle, bicycle, pedestrian, or slip and fall, insurance companies need to figure out who is responsible for causing the accident. This process is called determining “fault.” Insurance companies use a variety of methods and information to make this decision.
First, they gather evidence. Following an accident, they collect information from all parties involved, including witnesses. For motor vehicle accidents, they often look at police reports, which provide details about how the accident happened, including statements from drivers, passengers, or bystanders. For bicycle or pedestrian accidents, insurance companies also review the police report and take into account any available security camera footage or cell phone videos. In slip-and-fall cases, they will examine incident reports, photos of the scene, and statements from anyone who saw the accident.
Next, the insurance company will consider any laws or rules that apply. For example, in a car accident, they look at traffic laws to see if anyone ran a red light, was speeding, or failed to yield. If a pedestrian was hit, they would check to see if the person was crossing at a designated crosswalk or jaywalking. Similarly, in slip-and-fall cases, they look at whether the property owner followed safety regulations, such as putting up a warning sign when the floor is wet.
The insurance adjuster is the person in charge of reviewing this information. They look at the facts, apply relevant laws, and make a decision about who is at fault. Once fault is determined, the insurance company uses this decision to figure out who will pay for damages or injuries. The insurance company’s determination of fault can sometimes be challenged in court if the parties involved disagree with the decision.
How To Prove the Other Party’s Fault for an Accident
In a motor vehicle, bicycle, pedestrian, or slip-and-fall accident case, proving that the other party was at fault requires meeting certain legal elements. These elements are essential to establish negligence, which is the failure to act with reasonable care. The legal elements you must prove are duty, breach of duty, causation, and damages.
- Duty of Care – The first element is proof that the other party had a legal duty of care. In motor vehicle, bicycle, and pedestrian accidents, duty of care means drivers must follow traffic laws and act responsibly to avoid causing harm to others on the road. For slip-and-fall accidents, property owners have a duty to maintain their premises in a reasonably safe condition and warn of known hazards. For example, a store owner must clean up spills and put up warning signs for slippery floors.
- Breach of Duty – The second element is proving that the other party breached their duty of care. A breach of duty of care happens when someone acts carelessly or violates the law. In a car accident, this breach may include speeding, running a red light, or texting while driving. A slip-and-fall case can involve a property owner failing to fix a dangerous condition or not posting warning signs for hazards like a wet floor.
- Causation – Next, you need to show that the other party’s breach of duty directly caused the accident, which is called “causation” in legal terms. For example, if a driver was speeding and hit your car, you would need to prove that their speeding caused the crash and your injuries. In a slip-and-fall case, you must show that the hazardous condition caused your fall and injuries. You must link the other party’s actions directly to the harm you suffered.
- Damages – Finally, you need to prove that you suffered damages because of the accident. Damages can include physical injuries, medical bills, lost income, and pain and suffering. Without damages, there is no legal case, even if the other party was negligent.
To prove these legal elements, you can introduce different types of evidence. This evidence may include police reports, photos of the accident scene, security camera footage, witness statements, and medical records. In some cases, expert witnesses, such as accident reconstruction specialists or doctors, can also help prove how the accident happened and the extent of your injuries. By gathering strong evidence, you can show that the other party was negligent and caused your damages.
Common Types of Recoverable Damages in Personal Injury Claims and Lawsuits
In motor vehicle, bicycle, pedestrian, and slip-and-fall accident cases, victims can often recover damages for the losses they suffer as a result of their accidents. These damages fall into different categories and are meant to compensate for both financial and personal losses. The most common categories of recoverable damages include medical expenses, lost income, pain and suffering, property damage, and emotional distress.
- Medical Expenses – One of the most significant categories of damages is medical expenses. Following an accident, victims often need medical treatment, which can include emergency room visits, surgeries, hospital stays, physical therapy, medications, and follow-up care. In addition to these immediate costs, victims may also claim future medical expenses if they require ongoing treatment for long-term injuries.
- Lost earnings – If the accident caused injuries that prevented the victim from working, they may be entitled to recover lost income, including the income they lost while recovering. They may also be eligible to receive future lost earnings if their injuries prevent them from returning to work in the same capacity. For example, if the victim can no longer work full-time due to a serious injury, they may seek compensation for their reduced earning capacity.
- Pain and Suffering – Pain and suffering damages are meant to compensate for the physical and emotional pain the accident caused. These damages go beyond just the medical bills and cover the discomfort, pain, and suffering that an individual experiences as a result of their injuries. Since pain and suffering do not have a set dollar value, calculating these damages can be more subjective, often depending on the severity and the repercussions of the injuries.
- Property Damage – In motor vehicle, bicycle, or pedestrian accidents, victims often sustain property damages, including damage to vehicles, bicycles, or other personal property involved in the accident. Property damage compensation covers the cost of repairs or replacement of the damaged property.
- Emotional Distress – Emotional distress is a separate category of damages that accounts for the psychological effects of an accident. Victims of serious accidents may experience anxiety, depression, or post-traumatic stress disorder (PTSD). Compensation for emotional distress is intended to address the mental and emotional toll the accident has taken on the victim.
Speak with an Experienced Personal Injury Lawyer Right Away
If you recently suffered injuries in an accident because of another person’s negligence, it’s important that you speak with a knowledgeable personal injury attorney in your area right away. Your lawyer can immediately investigate the accident circumstances and obtain documentation to show that the other party was at fault. Your lawyer can also handle all settlement negotiations with insurance company adjusters or litigate your case to a favorable resolution in the state court system.