Proving Fault in Car Accidents


If you’re involved in a car accident, you have the right to seek compensation for injuries that will come about because the other party was negligent. In most cases, you will have to follow up with the at-fault party’s insurance provider. Insurance companies are always stubborn when it comes to issuing claims. There is also a chance that the extent of the injuries might not be covered with insurance. What do you do under such circumstances? The first thing you will need to do is to look for an experienced personal injury attorney. You want to make sure you’re getting the right compensation that you deserve.

One of the challenges with car accident injuries is proving the at-fault party. Insurance companies have attorneys and experts to help them out in such cases. That is why you should be looking for a New York City Personal Injury Lawyer to have someone at your corner should your case go to trial. You will also need an experienced attorney to help with the negotiation process.

Car Accidents and Law

Auto accidents are usually categorized under negligence law. It is on you to prove that the other driver’s carelessness caused the accident. The damages can be reduced if you also had a role to play in the accident.

At the Scene of the Accident

If you happen to be in an accident, you should follow the instructions that have been provided by the insurance provider. It doesn’t matter if it is your fault or that of someone else, the first thing you should do is to call 911. You might never know if someone is seriously injured and you don’t want to take the risk. Unless you’re a medical doctor, you should not attempt to provide treatment for the injured victims at the accident scene. Once you’ve established there is no immediate danger, the next step would be to secure the scene to avoid any more accidents.

You should not make any statements to anyone unless it is necessary. You attorney will advise you to only talk to the police about the details of the accident so that everything is on record.

Police Report

The police report will always come in handy for accident cases. You can obtain a copy of the report when preparing the defense for your personal injury case. The report will have all the details of the accident including what might have caused it. There are occasions where a police officer will not go to the accident scene unless there are physical signs of injury. In such a case, you will still need to report the case to the police and see a doctor as you could be suffering from internal injuries.

Traffic Laws

It will help with your case if you can prove that the accused was violating traffic laws at the time of the accident. The traffic laws and the interpretation will vary from one jurisdiction to another. That is why it is important that you’re looking for a personal injury lawyer from your area.

Nature of Collision

In some cases, it will be easy to establish the at-fault party by just looking at the nature of the collision. According to the law, a driver should keep a safe distance to avoid rear-end collisions. Rear-end collisions could also happen when the driver in front brakes abruptly without warning. This will be another debate altogether. If you’re making a left-turn, you have no choice but to yield to oncoming traffic. The circumstances might be hard to prove in a court of law and you will need to work with an experienced attorney for such cases.

No-fault Insurance

There are some states that have adopted no-fault insurance coverage. What this means is the coverage will pay for your injuries regardless of who is at fault. Personal injury cases can take months or years to be concluded. You will want to be treated so that you recover in the shortest time possible. Even if you have no-fault insurance, that doesn’t mean that you shouldn’t seek justice for the personal injuries that have been caused by someone else’s negligence.

If you’re recovering from the accident, you won’t want to be up and down in the courtroom filing for a personal injury claim. You should let someone who is experienced with the process help you. This is where a personal injury attorney comes in. Everything is taken care of in order to ensure you’re getting the compensation that you deserve.

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