Tips on How to Prove Fault After a Car Crash
After an accident, the first thing that an insurer or any other party would want to do is establish who is the at-fault party. Whenever this happens, the negligent party is made to pay for the damages. Well, the negligent party will not necessarily pay out of pocket, but rather the insurance company covering them will pay for the damages.
Some cases are straightforward when you know who is at fault. However, things are not that easy under law. There is an elaborate process that each party has to go through to prove fault after a car accident. We look at what you can do today if you want to prove the fault of the negligent party.
Checking out police reports
Police being at the accident scene is crucial. It is why you might want to call the police after you get into an accident. In most cases, the police will be dispatched to the scene as fast as possible. The police will make a written report about the accident and who is at fault. At this point, it is best if you get a copy of this report from the local law enforcement agency.
These police reports will be different depending on the officer who wrote it. An officer can claim one party was negligent, while others can be opinions that a traffic violation was committed and hence the citation. Regardless of what the report says, it is an excellent step towards understanding who is at fault. It can also be a great document to use in court to prove your innocence in some cases.
What are the traffic laws in your state?
Understanding the traffic laws in your state can also help in determining who was at fault after an accident. These rules can vary from one state to another, but most of them are relatively the same.
The best part is that simplified versions of these rules are easily available in many public libraries and law libraries. You should now have all the information that you need to understand the various traffic laws in the state. It is from these laws that you will know who was at fault based on how the accident happened. You will learn the speed limits, roadway markings, right of way, and more rules that every driver should follow.
If you get a rule that applies to your situation, it is best to reference it accurately when negotiating your claim with the insurers.
The No-Doubt liability
There are some accidents when the insurers do not even bother to argue about who is at fault. Such accidents include rear-end collisions and left-turn accidents. Each time a person hits your car from behind, then you are never at fault. This applies regardless of why you stopped. The basic rule is that the person following you should maintain a safe distance to allow for safe stopping in case of an emergency.
A car turning left is likely to end up in a collision with another car coming from the other direction. Each time this happens, the driver turning left is held liable.
If you do not understand the traffic laws, then it is best to get a professional auto accident lawyer to explain them to you. In the end, proving fault can be hard if you have no idea what the law says. Always involve a professional in your compensation case.