Determining who is at fault for an automobile accident can be difficult, but it is a crucial part of the claim process. The innocent motorist will not have to pay (via his or her insurance) for the ensuing damages, and may also avoid criminal charges (if the accident resulted in a fatal injury). So how do you prove that the other motorist was at fault?
The Police Reports
When police officers come to an accident scene, they survey it and file a report. It is also advisable to file your own report, and the other motorist may also file one. These reports may contain descriptions of what happened, how you were driving, where the car was facing and even if a citation was issued.
You or your legal team can use the police report, if it supports your claim, to show that you were not at fault. This is one of the reasons it is advisable to stay at the scene of an accident until the police arrive.
Witnesses' Accounts
If there were people at the scene of the accident, then it is also possible to use their testimony to prove the other person's fault. For example, it is possible that they witnessed the other motorist talking on the phone just before the crash. For this reason, it is important to get the contacts of all potential witnesses, which means everybody at the scene of the accident, before leaving the scene.
Traffic Laws
The state's traffic laws also provide a good basis for determining who is at fault. For example, you can use the speed limit law to prove that the other motorist was at fault if he or she had been driving above this limit. If the broken law is a straightforward one that you can understand, such as driving on the wrong side of the road, then you can just prove fault on your own. However, car accidents aren't usually that straightforward, and you may need your attorney's help in proving fault.
Evidence and Investigation Reports
In most accidents, an investigation will be carried out to determine those who were at fault. In complicated cases, accident scene reconstruction experts will have to be consulted too. Other expert witnesses may also be consulted to give their views. All these reports will be analyzed to determine who caused the accident.
Of course, you stand a better chance of proving anything if you have a personal injury lawyer working for you. This is especially necessary if you are injured and have to deal with the stress and pain associated with auto accidents. Having your lawyer handle your claim gives you one less thing to worry about. For more information, contact a business such as Story Law Office.
Share10 April 2015
Hi, my name is Sally. I was living a pretty average, uneventful life until I had an accident. At that point, my life become more stressful and painful than I could have ever imagined. Sadly, my accident happened on private property, and it could have been prevented if the owner of the property had kept up with his shoveling. For months, I missed work, suffered through constant pain and become more and more depressed. Finally, a friend referred me to an accident and injury lawyer, and she showed me how to get the compensation that I deserved. I don't want to see anyone else suffer like I did, and because of that, I decided to create this blog. Here, I hope anyone who has been injured can find the information they need to get fully compensated and regain their lives. Enjoy your reading and thanks for stopping by!
