Wrongful death cases are not just like other cases. As well as the heightened emotional aspect of the case, they can also be harder to prove than other cases. That’s because personal injury cases are often he said/she said cases. What I mean is that if you’re in a car crash, the best evidence of what happened is the memories of the people involved. Unfortunately, in a wrongful death case, at least one of the participant’s memories are unavailable. So, if your loved one was killed by someone else’s negligence, how can you prove it? This post lays out three different ways to prove fault in a wrongful death case.
1) Police Reports
In a lot of cases, the police reports are pretty thin. A couple of witness statements, everyone’s contact information, and a brief narrative is usually all you get. But in a wrongful death case, the police almost always take a lot more time. There will be measurements of the scene of the accident. If it’s a car crash, they will measure the length of any skid marks, estimate the speed of each vehicle, and talk to everyone who might have seen the crash. After most fatal car crashes, the police will shut down the road for hours to make sure they have a full picture of what happened. That means a wrongful death lawyer can go through the police reports carefully to determine who is at fault.
2) Accident Reconstructionists
Accident reconstructionists are most useful if the police reports aren’t completely clear. If that’s the case, an accident reconstructionist can take the measurements taken by the police, solve some equations with the numbers, and discover a lot of additional information. A good accident reconstructionist can also testify as an expert in court regarding who was at fault for a crash.
3) Toxicology Reports
Sadly, a lot of serious car crashes are caused by drunk drivers. In a wrongful death case, a toxicology report of the at fault driver’s blood alcohol content can be key. If the driver was impaired by other drugs, an experienced toxicologist can also identify which drugs were in a driver’s system and the likely effects they would have on his or her ability to drive safely.
Whatever situation you’re in, if you’re involved in a wrongful death case, you need strong legal representation. If you’re in need of help, contact a Fort Collins wrongful death lawyer today.
Thanks to our friend and blog author, Sam Cannon of Cannon Hadfield, LLC for his insight into issues facing small business owners.