How is fault determined in a car accident?

Liability refers to the person or party who caused an accident and who is legally responsible for the damage. Liability may be assigned to a driver, passenger, vehicle owner or other parties. When determining liability, the courts look at all the facts of the case and decide whether there is negligence.

This means that if a party can be shown to have been at fault due to their negligence, then they are liable for the damages caused. Liability in traffic accident cases is very complicated to establish and it is crucial to hire an experienced lawyer for legal assistance throughout the legal process.

Common Types of Car Accidents

There are many instances where car accidents occur. The type of accident can play a crucial role in identifying the responsible party. Common types of car accidents include:

  • Rear collisions
  • Accidents at intersections
  • Damage to parked cars
  • Rollover collisions
  • Pedestrian accidents

Unfortunately, hit-and-runs continue to be common. These are accidents in which a vehicle or driver flees the scene without reporting the accident. If you have been the victim of a hit-and-run, contact an auto accident attorney immediately, as these types of cases tend to be more complex.

A victim hit by a car can claim damages against the person responsible for the accident. The other driver, however, usually claims he was not at fault. This is why you should work with a lawyer. Your lawyer can help you find the evidence you need to prove the defendant is liable.

Establishment of liability

Establishing accountability can be a collective task; your attorney and the insurance companies can work together to determine fault. To do this, they rely on the available evidence. Some of the most important documents on which they base the decision are:

  • The police report
  • Medical records
  • Witness statements
  • Photographic and video evidence

To build a strong case against the accused, you need to collect a wide range of evidence. Your attorney can guide you through the process. It is crucial to collect all the documents related to the accident because they will allow a better understanding of the event and its consequences. Your legal team can help you gather evidence, interview witnesses and take depositions.

A car accident lawyer from GKBM will be able to determine negligence and liability in a car accident and ensure that the victim is adequately compensated. It is crucial to see a doctor immediately after an accident and to document that the accident happened. In many cases, the police will be able to come out and examine the damage caused by the accident.

Recoverable damage

When the person who caused an accident is found guilty, he must pay all the damages caused by his negligence. This damage may include:

  • Past and future medical expenses
  • Lost salary
  • pain and suffering
  • Property damage
  • Consortium loss

There are instances where punitive damages may have to be paid, although this is rare in car accident cases unless an individual has been convicted of a serious crime. After reviewing your case, a lawyer can determine if you qualify for punitive damages.

Ask for legal advice

If you were injured due to someone else’s negligence, you should know that you have the right to seek legal representation and to hold the party responsible for the injury financially responsible for the damages suffered. A traffic accident lawyer can help you get fair compensation for the injuries and damages you have suffered.

Nobody wants to be or expects to be involved in a car accident, but we can all be victims of this type of accident. They’re unfortunate, but they happen, and when they do happen, you have the ability to report it and seek legal action to get compensated for your damages. If you have been injured in a car accident and are seeking legal assistance, it is best to speak with lawyers immediately.

About the Author:

Early in his career as a journalist, Kerry Tucker had a revelation: there weren’t enough experts dealing with legal issues. Legal issues are part of everyday life. Yet there seems to be a general aversion to them. One of the main reasons for this is that convoluted legal language is difficult for many people to follow. Therefore, he decided to change the way the law is perceived by the public. Throughout his career, he met many people who shared their personal stories with him. Some of them hit him harder. One of the cases that stuck with him and influenced his future career development was a car accident case involving a child. From then on, he decided to focus on car accident lawsuits.