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Proving Liability or the Fault of a Party in a Car Accident

— May 10, 2021

You can refer to the vehicle code or state traffic laws to support your argument about a driver who is at fault.

Any automobile accident, such as motorcycle, bike, or car, occurs due to a party’s negligence or fault. Even if you know the actual liable person, you need to prove it to insurance carriers to be compensated. Only then can you expect damage cover. However, as you may have guessed, this process isn’t as cut-and-dried as it appears. You need to be aware of many things. Here is a quick sneak peek into various aspects regarding auto accidents to help you strengthen your case.

Police reports

The police will have to prepare an official report of the accident, whether it caused any injury or not. When the officers make the report, you can politely ask them for a copy of the same after filing the case. In some cases, police cannot be present at the spot due to limited resources. You have to go to the nearby police station to report it. Once they file it, they can investigate your report and inquire. You can request copies of the same. These reports usually mention the accident scene and their observations. If you get these reports, you will have a vital piece of evidence to prove to your insurance company.

Error correction in police reports

You can get factual errors easily corrected in a report. These include vehicle numbers, insurance information, etc. But when it comes to determining the at-fault party, the process becomes complicated. That’s why it is better to hire one of the trusted auto accident attorneys from your city for guidance. They can help you navigate through this and other challenges. 

State traffic laws

You can refer to the vehicle code or state traffic laws to support your argument about a driver who is at fault. You can learn about these road rules on state government sites, public law libraries, etc. Your awareness about these can help you negotiate with the other parties well. In some cases, even insurance companies don’t argue as they know the driver was liable. So they will try to settle it.

Rear-ended accidents

These are pretty common occurrences. When a vehicle bumps into yours from behind, you are not liable, even if your car was not running. The driver has to maintain a safe distance from the vehicle in front that pulled over suddenly. If the car driver at the back couldn’t stop, it implies he or she was not careful. Plus, the damages on the rear end and front end of the car can be visible evidence. So, it doesn’t need much hassle. However, the one who hit you can blame it on others – the other driver in front of you or the one behind him that caused him to crash into your car.

Amid this, you need to remember that you can be partially responsible for the crash if your brake lights were not working or you stopped your vehicle in mid-road because of a flat tire. It can affect the amount of compensation.

From this, it is easy to comprehend that this is not going to be an easy experience. If you wish to relieve some pressure and secure suitable damage, you must contact an auto accident attorney. 

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