When one person's lack of due care causes injury to another person, the injured person may have a claim against the allegedly careless person for negligence. This is the legal principle underlying personal injury suits arising from auto accidents in Colorado. Why are these lawsuits sometimes successful and other times not successful? The result can hinge on the evidence presented. This blog post will explore this issue in a little more detail.
There are two general categories of evidence: direct evidence and circumstantial evidence. Direct evidence is derived from the personal knowledge of a witness. This is often in the form of an eyewitness describing what they perceived. It can also be an expert providing interpretation of a condition in which the witness has expertise. Even a photograph or video can be direct evidence because a witness is usually available who can attest to the fairness and accuracy of the camera placement and operation. Circumstantial evidence, on the other hand, requires a judge or jury to draw an inference based on the evidence that has been produced.
What kinds of evidence can help a victim prove a personal injury case against a defendant? In an auto accident case, one kind of powerful evidence that may exist is evidence that the defendant driver was disobeying traffic laws. If the illegal behavior gave rise to the accident, evidence of the behavior may help to prove the defendant's negligence.
Another kind of powerful evidence is evidence that the defendant driver was texting and driving or was otherwise engaging in distracted driving. Texting, talking on a phone or to a passenger, using a smartphone or GPS unit, or adjusting the radio are all activities that can distract a driver from the task of driving and may give rise to liability.