Just like other kinds of serious accidents, working out who is to blame in a car accident is dependent on determining who had been careless — or “negligent,” in legalese.
Oftentimes good sense will explain that the driver, cyclist, or pedestrian behaved carelessly, but you might not understand what laws and regulations or rules that individual violated. Your argument to an insurer that someone else was responsible for a car accident is much more believable if you discover some “official” evidence to back up your claims.
Victims should seek out the best car accident lawyers available to them. Many car accident attorneys offer No Win, No Fee arrangements to ensure victims get the help they need.
Accident-Specific Police Reports
When the police found the scene of the accident, especially if they understood that somebody was hurt, they most likely designed a written accident report. Ask the traffic division of the law enforcement agency involved to get a copy.
A police report plainly states an officer’s opinion that somebody violated a particular traffic law which resulted in the collision. It might even result in the officer issuing a citation. Other occasions, the report just mentions negligent behavior, without plainly proclaiming that the violation caused the collision.
It doesn’t matter how specific it may be, any mention inside a police report of a violation of traffic laws or careless driving by someone else may serve as significant evident proving that another driver was at fault.
Know Your Traffic Laws
Another spot to search for useful evidence to support your argument that the other driver was at fault is included in the laws and regulations that govern driving. These rules governing drivers are found in each state’s law books and are usually referred to as Penal Codes.
A simplified form of these laws and regulations (sometimes known as “The Guidelines from the Road”) is frequently offered at a nearby department of motor automobiles office. The entire vehicle code is generally offered at many public libraries, and all sorts of law libraries.
Within the index towards the vehicle code, search for entries that could affect your accident. For instance, there might be entries for “speed limits,” “right of way,” or “roadway markings.” Should you go to a law library, the librarian might be willing to assist you with your search, so you shouldn’t be afraid to inquire about what it is that you are doing. If you discover a guide that may affect your accident research, copy not just its exact wording but the statute number, to be able to make reference to it precisely whenever you negotiate your claim with the insurer.
Liability? No Doubt.
When liability isn’t in doubt, you rarely have to fight with the insurer about it. Sit back, relax, and enjoy being treated like a victim that deserves compensation.
Rear End Collisions
If a person hits you from the back, it is almost impossible for it to be your fault, no matter the reason why you stopped. A fundamental rule from the road needs a vehicle to have the ability to stop securely if visitors are stopped in front of it. Whether it cannot stop securely, the law determines that they did not give themselves enough space to stop securely.
Another sure-fire area of the rear-end accident claim would be that the damage proves the way it happened: If a person car’s front finish is broken and also the other peoples backside is, there can not be much argument about who struck whom. Obviously, the collision from the vehicle that hit you might have claims against somebody that caused you to definitely stop all of a sudden, or against another vehicle that pressed his vehicle into yours, however that does not change their responsibility for injuries for you and harm to your vehicle.
Bear in mind, however, that even when you’ve been rear-ended, there may be a couple of conditions and personal negligence may lower your compensation underneath the rule of “comparative negligence.” A typical example happens when either of the brake or tail lights are lost, particularly if the accident happened during the night. Another example is should you have had mechanical problems but failed to properly get yourself to a safe area.
Left Turn Collisions
A vehicle engaging in a left turn is nearly always responsible for an accident having a vehicle coming straight from the other direction. Exceptions for this near-automatic rule are rare and hard to demonstrate, however they can happen if:
- The vehicle going straight was running smoothly within the posted speed limit.
- The vehicle going straight experienced hit unusable road.
The left-turning vehicle started its turn if this was safe, but something unpredictable managed to affect the person’s ability to maneuver. It is really a very difficult exception to make use because a fundamental rule from the road states a vehicle creating a left turn must hold back until it may securely complete the turn before moving before oncoming traffic.
Just like a rear end collision, the position of the damage around the cars sometimes causes it to be hard for a person to reason that the accident happened in some manner other than through a left turn.