In personal injury cases, particularly automobile accident cases, proving fault is the difference between getting the type of settlement you need and being left out in the cold with no compensation for your injuries. Sometimes, proving fault in a car accident can be difficult, however. Following such a traumatic event, your memory can be affected, making it hard for you to argue your case as efficiently as possible. Learn how to prove fault after you are hurt in a car accident, and how an expert personal injury attorney can help you receive the type of settlement that you need to move on with your life.
Take Pictures Of The Scene
They say that a picture tells a thousand words, and in the case of your car accident, a picture might make the difference in getting your just compensation. Thanks to cell phones, almost everybody has a high-quality camera on them at all times, making them the perfect resource to document your car accident and prove fault. Immediately following your accident, make sure to take pictures of the scene—video, too. Having a concrete record of the scene of the accident will go a long way when it comes to proving fault in your court case.
Understand and Adhere to Your State’s Traffic Laws
In any legal case or negotiation, knowing the laws inside and out is one of the most valuable tools that a person can have at their disposal. When you are trying to prove fault after your car accident, it is important that you fully understand any traffic or vehicle operation laws that apply to your case. You should consult your DMV, or a local law library, for a copy of these rules so that you can adequately prepare for your court case or insurance company negotiation. Pay particular attention to laws that deal with the right of way, speed limits and road signs.
Learn How ‘No-Doubt’ Liability Laws May Apply to Your Case
In certain car accident cases, one party is proven to be at fault 99% of the time. These laws are referred to as ‘no-doubt’ liability laws. If you are involved in a no-doubt liability case, proving the other person is at fault should be easier than normal, and will usually result in a speedy decision.
The two most common forms of no-doubt liability cases are rear-end collisions and left-turn accidents. In a rear-end collision, the person who rear-ends another car is almost always at fault; in left-turn cases, it is almost always the person turning who is at fault. You should be aware that there are some exceptions to this rule, however:
- The person who is struck in a rear-end collision may be at fault if they stopped short, or were operating a vehicle with malfunctioning brake lights
- The straightaway driver in a left-hand turn collision might be at fault if they were speeding or ran a red light.
Request a Copy of the Police Report from Your Accident
Depending on the seriousness of your car accident, it is possible that the police were called to the scene. If so, it is likely that there is a police report documenting the circumstances of your accident. The report may even contain the responding officer’s opinion of who was at fault if they chose to give it. Acquiring a copy of this report is paramount in you proving fault in your car accident case, particularly if the report absolves you and implicates the other driver.
Get Legal Representation After You’ve Been Hurt in a Car Accident
A car accident can be one of the most unexpected, damaging events of your entire life, drastically altering the ability to live in the manner to which you are accustomed. After you get hurt in a car accident, you need to prove fault so that you receive the compensation that you deserve. Acquiring legal representation from Braker White is the best way to do this. Our attorneys have years of exceptional experience in personal injury suits and will handle your car accident case with the attention it requires. Contact us today to hire an attorney to fight for you.
Recent Comments