What Evidence Is Needed to Prove Negligence in a Car Accident

What Evidence Is Needed to Prove Negligence in a Car Accident?

What Evidence Is Needed to Prove Negligence in a Car Accident

After a car accident, you’re dismayed to discover someone’s negligence caused your injuries. They may have been drunk, on drugs, distracted, or driving recklessly when they hit you. So, what evidence is needed to prove negligence in a car accident?

Will they cover the costs of your injuries? Holding them responsible could take legal action.

In Maryland, claiming accident compensation involves proving the other driver’s negligence. Here’s what you need to know about establishing negligence and securing the compensation you deserve.

What Is Negligence in Car Accidents?

What Evidence Is Needed to Prove Negligence in a Car Accident

Most car accidents result from human errors. Driver errors cause approximately 85% of all vehicle collisions and 95% of fatal accidents. Not all of these accidents are due to negligence under the law.

Proving negligence requires you to meet the burden of proof. Although it might sound unfair, the burden is on you, the injured victim, to show the other person is responsible by presenting a preponderance of the evidence.

A preponderance of the evidence indicates there is enough evidence showing the other person was more likely at fault than not. By this standard, you don’t have to remove all possible doubt about their guilt.

Keep in mind that the other person will likely have an insurance company, and perhaps a lawyer, looking for evidence to refute your claim. You’ll need an experienced personal injury lawyer on your side to help you strengthen your case.

How Do You Prove Negligence in a Car Accident?

proving negligence

How do you prove negligence in a car accident? It takes determination and legal knowledge. Work with your lawyer to establish the four elements of negligence. 

Duty of Care

The duty of care is based on the idea that in a society, each person has a responsibility to avoid harming others. The law supports this concept, but you must show that the other person failed in their duty to avoid hurting you.

Breach of Duty

Gather evidence to show how the other person breached the duty of care. For example, in a car accident, you may have a police report showing the person was speeding or a dashcam video showing them looking down at their phone when they collided with you.


Your case will likely rest on whether you can show causation, proving the other person’s negligence was the direct cause of your injuries. It will be helpful if you can show that there was no other cause.


What Evidence Is Needed to Prove Negligence in a Car Accident

After demonstrating the other elements of negligence, you’ll need to prove your damages. Provide proof of economic damages like your medical bills, pay stubs showing your lost wages, and the expenses of your ongoing therapeutic care and treatments.

In addition to your economic damages, you can request compensation for non-economic damages. This may include things like disruption to your relationships, loss of consortium, and pain and suffering. Many car accident cases involve significant pain and suffering damages, increasing the total value of the victim’s much-needed compensation.

Examples of Negligence in Car Accidents

Are you wondering whether the other person was negligent in your case? 

Here are some examples of negligence in car accidents:

  • A drunk driver gets behind the wheel and crashes into you, showing they were too intoxicated to operate their vehicle as a responsible driver.
  • Someone fails to yield the proper right of way at an intersection, crashing into your car as you travel from another direction.
  • While texting and driving, someone rear-ends you in traffic and causes you to be severely injured.

These are common situations, but every accident is unique. Speak to a qualified Maryland car accident lawyer about the details of your accident for insight into your specific situation.

Contact the Maryland Car Accident Lawyers at Zirkin & Schmerling

While each car accident case is unique, certain key forms of evidence are pivotal for establishing the negligence of the other driver. The right evidence collected, organized, and presented in a compelling manner gives you the best chance at maximum compensation.

At Zirkin & Schmerling Law, our experienced Maryland car accident attorneys know how to build strong, evidence-based negligence cases to hold negligent drivers accountable.

Call us today at 410-753-4611 or contact us online for a free consultation on how we can put our evidence-gathering process to work for you.