Proving Negligence in a Car Wreck

negligence in a car wreck

Proving Negligence in a Car Wreck

After a car wreck, it is important to figure out who was negligent

Negligence in a car wreck means: failure to behave in a way that someone of ordinary care would have behaved.  Courts frequently look to whether an action was reasonable under the circumstances.  There are several ways to prove that the other driver was negligent:

Police reports about the car wreck:

In serious car accidents, the police will generally be called to the scene and investigate the car wreck immediately.  However, in more minor car wrecks, it is common for drivers to go to the nearest police station to have a police report made.  In either case, the police will investigate the damage to the vehicles and conduct their own investigation of the car wreck.  They will then turn that investigation into a police report.

Police reports are important evidence of who was negligent and your car insurance companies will put a lot of weight in the police report.  Often, they consider the findings of the police report as conclusive proof of fault.  However, police officer conclusions about what happened in an accident and who was negligent are not conclusive.  A car accident attorney can contest findings in a report and can conduct their own investigation.

Gathering your own evidence about a car wreck

In order to help an attorney investigate a car wreck, there are some things you can do ahead of a consultation.  Take pictures of your vehicle damage.  Write down your recollection of the car wreck.  Get the other driver’s insurance information.  An attorney can use this information to start investigating whether the other driver was negligent or even whether they violated any traffic laws.  Violating traffic laws is strong evidence of negligence in car wreck cases.


Kirk Joyce is a general practice attorney in Northwest Arkansas with experience in personal injury law and criminal defense. If you would like to meet with him to discuss your case, please contact the Joyce Law Firm to schedule a consultation.

Joyce Law Firm was founded in 2002 by Kirk Joyce. Each of the attorneys at the Joyce Law Firm focus in specific areas of law, including, but not limited to: personal injury, immigration, criminal defense, family law, and business law. Contact the Joyce Law Firm today at 479-442-5577. More about Joyce Law Firm