Not every accident case contains straightforward evidence as to who was liable for the collision. In some cases, some in-depth investigation might be necessary to reach a sound conclusion.
The type of damage done to a vehicle may be able to prove negligence on the part of a driver in some circumstances, particularly if the accident involved speeding. You may only be able to prove one of the drivers was not maintaining a safe following distance by examining the damage. However, there are some situations in which the type and amount of vehicle damage indicates excessive speed was a factor.
Say, for example, the accident occurs in an area with a very low posted speed limit (such as a school zone or parking lot), but the damage clearly required a significant amount of force. In such a case, an accident reconstructionist can reasonably conclude that the driver who collided with the vehicle was speeding.
In addition, if a vehicle is totaled in a car accident, it is generally an indication that at least one of the vehicles was traveling at a high rate of speed. However, it is not necessarily hard proof that one of the drivers was above the speed limit, especially if you’re on a stretch of road with a high posted speed limit.
What you can do
Ultimately, your best course of action is to get more evidence than just the damage done to your vehicle if you want to prove the other driver was speeding or negligent in any other way. Take photos of the accident site, including the damage done to your vehicle, to other vehicles and any debris lying on the road. Gather witness evidence from people who saw the accident occur and who may be able to speak to the other driver’s behavior. If your case goes to trial, call in an expert witness who can provide more information about what type of evidence can be gleaned from the damage to your vehicle.
For further guidance, consult an experienced Sarasota auto accident attorney at Goldman, Babboni, Fernandez, Murphy & Walsh today.