The primary factor in a car accident lawsuit is typically liability, which refers to determining who is legally responsible for the accident and the resulting damages. Liability is most important as it establishes fault and dictates which party is responsible for compensating the injured party for their losses.
Establishing liability involves investigating the circumstances of the accident, gathering evidence such as witness statements, police reports, and photographs, and determining whether any party's negligence contributed to the crash.
Negligence can take various forms, including speeding, reckless driving, distracted driving, or driving under the influence of alcohol or drugs. For example, driver distraction is often the number 1 cause of accidents in the United States each year. The party found to be at fault for the accident may be held liable for damages such as medical expenses, lost wages, property damage, and pain and suffering.
With the above in mind, proving liability is often the primary focus of car accident lawsuits, as it directly impacts the outcome of the case and the compensation awarded to the injured party.