Investigations Make or Break a Lawsuit Says Boca Car Accident Lawyer Joe Osborne

By Osborne & Francis
October 25, 2023

A thorough and timely investigation into a car accident could be the key to a lawsuit’s success says Boca car accident lawyer Joe Osborne.

There can be a lot of money at stake in a vehicle accident case so it pays to fully investigate the cause of the accident. Insurance companies aggressively defend personal injury cases and will try to find facts that will justify a denial of liability or a reduction in damages. Boca car accident lawyer Joe Osborne says that getting the total picture of an accident can be key to the success of a negligence lawsuit in a video available on YouTube.

One reason why you should not delay in contacting his car accident law firm after an accident is that critical evidence can be lost over time. An investigation is very important in a South Florida car accident case for many reasons, one is that some evidence can go away due to the passage of time, adds car accident injury attorney Osborne.

  • His office obtains the police report to see if there were any witnesses, and then contacts them to talk to them and get their perspective on the accident. His staff tries to get their cooperation and get them to agree to complete an affidavit as soon as possible because memories fade over time.
  • Whenever possible someone will go to the scene of the accident and take photos. As more time passes, road conditions may change and the road itself and the surroundings may change.
  • When someone is on the scene an investigator will also look to see if there are any nearby closed circuit security cameras. As time passes it’s more likely that a video of the accident will be erased so acting quickly may be able to save what could be critical evidence. It could provide favorable, independent evidence of how a crash happened.

If there are no witnesses other than the parties involved,

  • To help piece how the accident occurred Osborne says his car accident law firm looks to the police report, which should contain a diagram showing the point of impact on both vehicles.
  • The damage done to the vehicles also tells a story. If a driver makes a turn across a client’s straight path of travel and the damage is on the front of the other person's car that is direct physical evidence that they have just pulled out in front of the client. This would be a form of physical evidence that attorney Osborne could use in proving fault.

One type of case that requires investigation is an accident that occurs because a driver is traveling the wrong way. There could be many reasons why someone is driving into traffic. A driver could be,

  • Distracted and in a hurry,
  • Impaired by drugs, alcohol, a health condition or age, or
  • Confused due to poor lighting, poor signage or weather conditions.

Though liability for the other driver in these situations should be clear cut, if an investigation finds he or she was intoxicated at the time there could be liability for a bar or restaurant who served the person drinks under Florida’s dram shop laws.

If you or a family member have been injured in a vehicle accident in Miami-Dad, Broward or Palm Beach Counties and have any questions about accident law, contact Boca car accident lawyer Joe Osborne at (561) 293-2600 or fill out this online contact form. You can discuss your case, how the law may apply and your best legal options to protect your rights and obtain compensation for your injuries.

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