Proving Fault in Car Accidents
Determining legal responsibility for a car accident can be a complicated and time-consuming action, but it is highly important to know who was at fault in order to move on with the rest of the case details and on to compensation options. But how exactly do you prove fault in a car accident?
Determining Liability Is More Than Just Pointing a FingerIn almost all accidents, liability is determined by the rule of carelessness, which means that the person who was less careful than the other must pay at least a portion of the damages suffered by the more careful person. Other issues come into calculation here, such as the duty to be careful toward the injured person. The one who caused the accident might not be held liable if the victim was not supposed to be in the area where the accident occurred, or disregarded the fact that the activity which caused the accident could lead to injuries.
Make a reasonable argument that the other party was acting in a careless, negligent manner, but do not try to prove anything or make yourself look desperate. When you do head to a lawyer, make sure to bring evidence such as photographs or videos of the situation you were in, as they can provide key aspects in solving the case.
What Is the Comparative Negligence Law?Many states follow the comparative negligence law, meaning that a careless victim will have his/her compensation for injuries reduced by a percentage equal to the fault they had in the accident. There is no formula to determine the precise number for a person's comparative carelessness but during claim negotiations, you, your lawyer and your insurance adjuster will discuss all the details that lead to the accident. The keys to a negligence case is a simple language, a commonsense way and a few basic principles that you need to take into consideration.