According to the National Safety Council, over 1.5 million auto crashes caused injuries, and over 3.6 million crashes resulted in property damage. In most States, the parties responsible for the accident are liable for associated damages. If you get injured in a crash, you must identify the liable parties to get compensation. Although establishing fault is complicated and laborious, the best accident lawyers do it effortlessly, thanks to their vast expertise and decades of experience. They collect the necessary evidence and help you submit a claim to the at-fault parties requiring them to cover the damages. Read on to learn four ways of proving liability in an auto crash.
At the accident scene, the drivers may determine who among them is to blame. During the emotionally-charged moment, some drivers admit to being at fault. It is common for a driver to affirm that they ran into the stop sign. Unfortunately, admitting fault can be problematic in a claim and used against you. It is best practice for drivers to exchange contact and vehicle information without commenting on the accident.
Information from a Police Report
When an accident happens, the police rush to assess and document the accident. They provide an official report indicating the accident’s details, from the driver’s information, the number of causalities, and how the accident occurred.
The police also identify the liable drivers by evaluating the vehicle positions and gathering witness statements. While some cases are straightforward, others are not. For instance, if one motorist ignored a stop sign and T-boned another vehicle, the liable party is clear.
Nonetheless, some crashes are not obvious, and special circumstances come into play. Also, all factors that could have contributed to the accident, such as road conditions and mechanical problems, are not considered.
Drivers must be reasonably careful on the road to avoid injuring other road users -motorists, pedestrians, and passengers. They are liable for damages when they negligently and harm someone.
Negligent behavior is a leading cause of auto crashes. Research shows that 35% of fatal crashes emanate from impaired driving while speeding accounts for 29%. In addition, distracted driving caused 424,000 injuries and 3,100 deaths in 2019.
A lawyer can help you determine whether driver negligence caused a crash. Witness statements, video footages, and scene reconstruction are vital. For example, video footage from the traffic cameras and dash cam can clearly show how an accident occurred to determine fault. Importantly, a lawyer must demonstrate that the victim sustained injuries and losses like vehicle damage and lost wages.
Factors outside the driver’s control may lead to an accident. As a result, the liability shifts to the external party, and they pay for damages. The external party may be the vehicle manufacturer, mechanic, vehicle owner, government agency, and trucking company. These entities have huge insurance coverages than average drivers and thus can provide higher compensation for damages.
Faulty brakes, for instance, can hinder your ability to stop safely. Since the manufacturer is legally obligated to ensure the driver and other road users’ safety, they may be liable for the accident. In the same way, bad road conditions, characterized by missing signage, potholes, debris, faulty road design, and missing guard rails, may cause an accident. The government agency handling road maintenance can be to blame.
Proving liability in an auto crash can be an uphill battle, especially when multiple vehicles are involved. If you are an auto accident victim, a lawyer helps you identify who was to blame for your injuries and secure fair compensation. They use applicable laws, eyewitness accounts, and expert data to identify the liable parties.