How We Can Help Establish Fault In a Car Accident

Car Accident Lawyer

Establishing fault in a car accident can often be tricky. When you prove fault, you must usually prove that one of the parties involved in the accident was driving carelessly or negligently. Are there any sure ways of proving fault? Attorneys have helped many people who have been involved in car accidents, and know that it can be an incredibly stressful time for you and your family. There might be vehicle damage and even personal injury that resulted from the accident. An attorney can help examine the evidence to see who is at fault for an accident, and they will work with you to give you the best possible outcome.

Establishing Fault

When trying to establish fault for a car accident, there are a few areas we will look at that can provide solid evidence for what happened. These are:

  • Traffic Laws
  • No-Doubt Liability, and
  • Police Reports

Traffic Laws. When determining fault in a car accident, one of the pieces of evidence that can be most helpful are your local laws and state traffic laws. These are also thought of more commonly as “The Rules of the Road”, and you can find them at your local DMV. This can help you with listings for who might have the right of way in intersections, different road signs and marks, and even the speed limits.

No-Doubt Liability. In certain cases—considered “no-doubt liability” cases—one driver is going to be seen at fault almost every single time. When this is the case, insurance companies might not even try to argue with the claims being brought against them. What are these cases?

  • Rear-End Collisions. If you were involved in a rear-end accident, the driver who hit from behind will almost always be at fault, regardless of why the person in the front stopped their car. As many people remember, you are supposed to keep a reasonable distance behind the car in front of you so that you can be prepared to stop at any given notice. If you are unable to stop safely, then you are not driving with a reasonable amount of care. It is also easy to prove who it whom in this type of accident because the person who is seen at fault will usually have damage to their front bumper and the person in front will have damage to their rear.
  • Accidents Involving a Left Turn. Accidents that involve a person turning left and a person from oncoming traffic driving straight are usually open-and-shut cases. The car turning left will almost always be the negligent driver unless the oncoming car was driving significantly over the speed limit or driving through a red light.

Police Reports. It is also important to look at police reports because they can show if a traffic law was violated and they can provide sufficient documentation of the scene of the accident, including the driver’s behavior.

If you have been involved in a car accident and are struggling to determine who is at fault, a car accident lawyer Memphis, TN relies on can help you with your case. They can view the evidence and determine what the best steps are for your specific case.

 


 

Thank you to our friends and contributors at Wiseman Bray, PLLC for their insight into car accidents and determining fault.

Posted on November 16, 2018 @ 9:31 pm

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