Proving Liability in an Automobile Accident

If you have been in a serious car accident and suffered injuries at what you claim was the fault of another driver, it is imperative that you hire a qualified personal injury attorney. With legal assistance, you can recover money needed for medical bills, a new automobile, and pain and suffering. Having an attorney on your side gives you a much better chance of reaching a viable settlement with the other person’s insurance company, or coming out the winner in a lawsuit.

Your attorney will delve into every detail of the accident, since settling with the insurance company or winning a lawsuit requires evidence. One of the first things your attorney will need to do is prove liability of the other driver. Depending on the case, your attorney may wait until settling all your bills before moving forward, since solid evidence strengthens the argument.

Your attorney will also review police reports, if applicable. These reports serve as legal documentation, accepted by insurance companies and the court as to what happened at the scene of the accident. But since the police report is a recollection of the event offered by you, as well as the other driver, it may not be enough to prove your case. Typically, a reconstructive expert with the police department will arrive on scene, investigate, and create a report, which will bolster your case.

Photographs of the scene, as well as both vehicles, will also help prove liability. If an accident reconstruction expert with the police department did not create an official report, your attorney can hire an independent expert to go over the entire scene looking at skid marks, location of vehicle parts, damage to both automobiles, road signs, and other things to determine who was at fault.

If additional information is required in proving liability, your attorney will review specific state traffic laws. This will also help prove the other driver was at fault if they were failing to follow current laws, such as stopping at a stop light, yielding to oncoming traffic, driving at or below a specific speed limit, and so on.

If the accident involved another driver hitting the rear of your vehicle, there is a relatively strong chance of winning your case, since in most instances the person who ran into someone would be at fault for not maintaining an appropriate distance. The same rule applies if the accident involved a left-hand turn, since the person turning left is usually at fault.

If the other driver was injured as well and went to the emergency room, there is a good chance that blood was drawn to determine whether there was any alcohol or drug impairment. Your attorney will also determine if such a report exists and if so, use it to prove liability.

Although your attorney will perform a significant amount of the work in proving liability, you can also help. For this, create a list of everything you can remember, including what happened before the accident, how the other driver behaved following the collision, any conversations that might have occurred, weather conditions, and other details that may not seem relevant to you but are actually extremely important to your attorney.

Posted on:
December 16th, 2015

Category:
Uncategorized