Liability and Proving Fault in a Car Accident

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In almost all car, bike, or motorcycle accidents, it's important to prove who was liable or responsible, that is: who made the mistake or was negligent. It may be obvious to all who was at fault in an accident, but just saying that often isn't enough for insurance companies. You make a stronger argument to your insurer if you can support your side of the story with evidence.The following are things that can make your argument stronger.

Police Reports

Police don't always come to the scene of an accident, but if they do, the officer will probably have to make some sort of official report about the accident. The police generally come to accidents that involve injuries, but they often stop at non-injury accidents as well. If they do show up at your accident, be sure to ask the officer how to get a copy of the report once it's filed.

Sometimes police officers don't show up at an accident. In places where police resources are limited, the parties often have to report the accident to the closest police station. After filing a police report, investigators may pick up your report and conduct their own inquiries. You can obtain copies of these reports.

Police reports are the written recollections of the officer that studied the accident. These reports often contain great evidence about liability, such as the officer's opinion that one car was speeding based on the officer's observations of the length of the skid-marks. Officers also often indicate whether they issued any traffic tickets at the scene of an accident.

The police report can be one of the most important pieces of evidence you present to your insurance company. Insurance companies may drag their feet about issuing car accident liability reports without first obtaining a copy of the police report.

Amending a Police Report

If there's a mistake in a police report, it can be fixed. If the mistake involves a factual error, like incorrect vehicle or insurance information, you can generally amend the report by showing the police that information.

However, amending a disputed fact, like fault determination, is much more difficult. Police departments often have different procedures for objecting to a report. You should contact the department involved in your accident to learn about their procedure. In many cases, you simply add your statement to the accident report. While it's difficult to overcome a fault determination, it's not impossible. You should consult with an accident attorney to determine the strength of your case.

State Traffic Laws

State traffic laws, often called the vehicle code, are another great place to find support for your argument that the other driver was at fault. These laws are often condensed into simple-to-read "Rules of the Road" that may be at your local DMV. You can also find many vehicle codes online at various state government websites, public law libraries, and in FindLaw Codes.

After you've found the law that applies to your accident, you're in a better position to negotiate with your or the other driver's insurance company. For example, a code relating to yielding the right of way may be useful for a merging accident. Have the exact wording of the code, as it won't help you to cite a law incorrectly to an insurance company.

No Fault Car Accident Liability

Certain kinds of accidents will almost always be one driver's fault. In these situations, insurance companies rarely argue about which driver is responsible and will most likely attempt to settle immediately.

Rear End Accidents

Rear-end collisions are one of the most common types of accidents. If a car hits you from behind, it'll almost never be your fault, even if you were stopped. One basic driving rule is that you're supposed to leave enough room in front of your car to stop when the car in front of you stops suddenly. If the driver behind you couldn't stop, he or she probably wasn't driving safely.

When one car's rear end is damaged and another car's front end is damaged, there really isn't much to argue about who hit who. But the driver who hit you may have a claim against a third party driver that caused you to stop suddenly or the car behind him that pushed him into your car. This doesn't affect his or her liability for the damage to your car.

Although another driver was probably at fault, you may also be partially at fault if your negligence contributed to the accident. For example, if your brake lights were out or you had a flat tire and decided to stop in the middle of the road, you may also bear some comparative negligence which will reduce your monetary compensation.

Left-Turn Collisions

Similarly, left turn accidents are almost always the fault of the driver taking the left turn. Cars coming straight into an intersection will have the right of way in most cases, making the car turning left responsible for the accident. If the car going straight through the intersection is speeding or runs a red light, this may shift some or all of the liability away from the car turning left. Rarely, if the car started turning left while it was safe to do so, but was forced to stop because of some unforeseen circumstance, then some of the liability may be shifted.

At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.

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