Frequently Asked Questions About Accident Fault

Following an accident, you could be wondering how you can prove someone is at fault for the collision. After all, if you have a personal injury case, the other party should be held responsible if he or she is at fault. This is where the team from Chudleigh Law can be helpful. When it comes to proving fault in an accident, particularly in a personal injury case, this is a critical step. At the same time, this can also be a difficult task from a legal point of view. There are a few common questions that people often ask.

How Do I Prove Who Was At Fault?

When it comes to proving fault in an accident, remember that you will probably be making this case to an insurance company. This is not something that usually takes place in a court of law. Therefore, you don’t need to meet the burdens of proof that exist in a court of law. Instead, you will be negotiating with an insurance company or an adjuster. You simply need to have a reasonable argument. Often, pointing out that the other person turned in front of struck you from the back is enough to convince them that their policyholder is at fault. Remember that the insurance company does not want to go to court.

Can I Receive Compensation For My Injuries?

If the other person is at fault and you have been hurt, then you should be entitled to financial compensation. Often, insurance companies will try to divide fault in terms of percentages. For example, if the other driver was 90 percent at fault, then the company will cover 90 percent of the costs of your injuries. This is termed “comparative negligence.” The exact nature of these percentages could vary from state to state. The reality is that there is not a set formula. This is all part of the negotiating process.

What Are Some of the Most Common Examples of Negligence?

There are numerous examples of negligence that could lead to a serious accident. One of the most common examples is drunk driving. If someone is driving under the influence of either drugs and alcohol and causes an accident, this is a negligent action that resulted in a motor vehicle collision. There could also be serious injuries.

Another common example of negligence behind the wheel includes texting and driving. This is a dangerous activity that doesn’t just remove someone’s attention from the road but also their eyes and hands. This could lead to a major accident that might place someone in the hospital.

Do I Need a Lawyer?

If you feel like you have serious injuries that aren’t being compensated appropriately, then you should consider hiring a personal injury professional. A trained lawyer understands what is fair compensation for various injuries and can defend your rights. This could also substantially strengthen your negotiating power. Therefore, remember that you do not have to face this problem alone. There are trained legal professionals willing to help those in need.