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How Can I Prove Liability In A Car Accident?

by / Monday, 06 October 2014 / Published in Personal Injury

Each year insurance companies pay out millions of dollars in auto accident settlements to injured victims. Accidents can happen to anyone and it’s wise to know your rights in the event that you or somebody you know gets injured. The key to handling a personal injury case is to prove liability: once you prove that the other driver was at fault, then they become liable for the resulting damages- but of course you must also prove that the accident was the sole cause of your injuries.

The key here is to present concrete evidence that overrules any allegations of contributory negligence on your part. Keep in mind your health should be a priority here so if you get involved in an accident, make sure to call your Brevard County personal injury attorney and start gathering possible evidence for a lawsuit.

Photographs Of The Scene

Photographs offer solid proof of liability and the good news is anyone can take pictures with their phone. Your camera can be used to capture the following:

  • The damage done to the vehicle
  • Skid marks on the road
  • The overall scene

Skid marks will show vehicle placement during the accident and the overall shots will be used to create a possible scenario.

State Traffic Laws

State traffic laws (vehicle code) are a great place to start when you need support for your claim. These laws are usually condensed into simple “rules of the road” that you can check out at the local DMV. Vehicle codes can also be found at public law libraries, or online at various state government websites. When you find a law that applies to your accident, it should be easier to negotiate with the insurance company: for instance, a code that relates to yielding the right of way could be useful for a merging accident.

Left Turn Collisions

A left-turn accident is almost always the fault of the driver attempting to take the left turn. The vehicle headed into an intersection usually has the right of way; which makes the car turning left responsible for the accident. If the vehicle going through the intersection happens to be speeding or runs a red light, that could shift some or all of the liability from the vehicle turning left.

Rear End Collisions

These types of collisions are a common occurrence on the road. One basic driving rule is that a driver should leave enough room in front of the car to halt safely if the driver in front applies emergency brakes. If the driver behind you couldn’t stop on time, then he or she probably wasn’t following the rules. Cases where one car’s front end is damaged and the other car’s rear end is also damaged are fairly straightforward, but keep in mind factors such as a third driver could also affect liability.

Check Police Report

A police report covers all information regarding the accident including a police officer’s account of the scene. Any violations of traffic regulations are mentioned in the report and insurers use this information when examining a claim. Although it’s uncommon, sometimes a police report might contain an inaccurate assessment of the events leading up to the accident; but they can be amended so if you come across a factual error in the report, contact the local police department.

A minor fender-bender can be resolved by exchanging insurance information but remember even minor accidents can cause serious injuries. If you’ve suffered an injury, contact a Brevard County personal injury lawyer to examine your case.

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