Law

How To Assess Liability In A Car Accident Case?

Meeting with an accident is one of the most horrific experiences anyone can have. The process is full of legal complications, from treating injuries and filing for compensation to getting fair compensation.

The first step in all automobile accidents is to determine who caused the accident. While it may seem pretty obvious to anyone present at the site (or involved in it), proving negligence to an insurance company is trickier than it looks. The better evidence you have, the higher are your chances of getting fair compensation. 

However, if you have the best Personal Injury Lawyer in Utah representing your case, you have one less thing to worry about. Read on to find out everything you need to know about assessing liability and proving negligence in car accident claims. 

Filling a Police Report

Even this simple step can be a major challenge in some car accidents. While in most cases, police officers do visit the site, it is not always the case. If no police officers come to the scene due to limited staffing or any other reason, it is the responsibility of the concerned parties to go to the nearest station and file a report. 

Either way, make sure you always get a copy of this initial report because investigators from insurance companies often use this as a starting point for their investigations. Police reports contain a lot of liability evidence because a police officer who has studied the accident first-hand writes it.

In a legal context, evidence should be unbiased. Only those pieces of evidence that paint the truest picture of the actual incident hold value. A report by a police officer is one such high-value evidence. 

Understanding the State Laws

Every state has a different set of laws, called vehicle codes, to oversee traffic rules and accidents. These are available at the local DMV office or on state government websites and form a very important legal ground to identify who is at fault in an accident. For example, knowing the rule about taking the right turn helps prove liability in merging accidents. 

It is always better to quote the law in the same language, as many insurance companies use this to evade paying compensations. Consult with your car injury attorney for more assistance. 

Liability in Rear-End Collisions

If a vehicle came and hit your car from the rear end, it is NEVER your fault (even if you stopped). Every state vehicle code asks drivers to maintain a certain distance from the vehicle in front to avoid such accidents. So, if the other driver couldn’t stop, it was their fault.

However, you may be partially liable if your brake lights did not work or there was a flat tire, and you stopped in the middle of the expressway. In such situations, you get a lesser compensation value after deducting your contribution to the accident from it.  

Summing Up

No matter how careful you are on the road, there’s nothing you can do about accidents that often happen because of someone else’s fault. However, choosing the right legal firm is absolutely in your hands. Skilled lawyers are a saving grace in such situations.

 

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