Proving Fault After a Car Accident
Whether you have just been involved in an automobile, motorcycle, or even a bicycle accident it is very important to establish just who is at fault as soon as you are able to. Deciding whose negligent or careless behavior led to the accident goes a long way in making a strong case to an insurance company that you are owed compensation. Even so, knowing the exact laws the other party has violated is something that can best be explained to you by an experienced attorney.
Your State Traffic Laws
In what is commonly known as the “Vehicle Code” every state has a list of its’ specific rules and laws that govern driving. These can contain significant evidence to help support your argument that the other party is at fault. Also known as “The Rules of the Road” you can find this information at the local DMV or at most public libraries. There are also “law” libraries that would have even more in-depth documents that list statues such as speed limits or specific road markings that show who is at fault for an accident. All of these resources are available to you so it makes great sense to take advantage of them as they can only help strengthen your case.
The Police Reports
If any police officers arrived at the scene of your accident it is highly likely that they will have made a report that you will be able to get a copy of at the traffic department of your local police station. Whether the officer issued a citation to the other driver or even states their opinion of who was careless or at fault for the incident any acknowledgment of wrongdoing by the other party will be a great asset confirming that they were the ones responsible.
No Doubt Liability
Certain accidents are almost always the fault of the other party. Rear-End collisions, for example, are one in which you will almost never be deemed to be at fault as by rule the person behind you has the responsibility to stay safe enough behind you to not let that happen. Unless your brake/tail lights were out and you are hit by behind at night, or if you have a system issue but fail to do all you can to get your car off of the road the damage to the back of your vehicle is all the proof you need that you were struck from behind and it was their fault.
Left-turn accidents (or when a car collides with another car while making a left turn and the other party was going straight) is another example of a “No Doubt Liability” accident. Unless the vehicle going straight was well over the legal speed limit and/or ran a red light the person making the left turn almost always will be seen as being at fault. Again, the area that the car was damaged makes it very hard for the individual to explain that the left turn was not the reason the accident occurred.
If you or someone you love has been involved in a car accident you will want a professional to help you prove who is at fault to the insurance companies and get you the compensation you deserve. Contact the Paris Law Firm at 909-469-5127 or via our online contact form to schedule an initial case evaluation.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney/client relationship. If you are seeking legal advice, please contact our law firm directly.