Insurance companies need to find out who is “at fault” in a car accident. The investigations they conduct are intended to do this.
How liability is determined in an accident case
How is liability determined in an accident case?
Liability means legal responsibility for one's acts or omissions. The failure of a person or entity to meet that responsibility leaves them open to a lawsuit for any resulting damages. In order to win a lawsuit the injured party, called the plaintiff, must prove the legal liability of the defendant if the plaintiff's allegations are shown to be true. To achieve this, the plaintiff must provide evidence of the duty to act, the failure to fulfill that duty, and the connection, called the proximate cause, of that failure to injury or harm to the plaintiff.
What evidence can be used to prove liability?
After a motor vehicle collision, it is crucial to prove to an insurance company who was liable. The best way to prove liability is by supporting your side of the story with evidence that can include:
- The police report: If an accident involved injuries, police will typically come to the crash scene and complete an official report. After a crash, be sure to request a copy of the police report once it is filed, which can take a few weeks. The police report usually contains evidence about liability and can be the best documentation you can provide to an insurance company.
- Photos of the accident scene: If possible, after an accident it is a good idea to take photos of the scene including any skid marks, the damaged vehicles, and the general area including traffic signs and signals. These photos can be useful as supportive evidence to demonstrate liability.
- No-Fault Auto Accident Liability: Certain types of accidents are typically considered to be one driver’s fault, including rear-end collisions, since drivers are required to maintain a safe distance from the vehicle ahead of them, even if that vehicle stops suddenly.
- Traffic laws: State traffic laws are often supportive evidence of fault in a traffic accident. When a crash happens because the at-fault driver failed to follow a traffic law, it is easy to find a copy of the state vehicle code to demonstrate their liability.
For any accident resulting in injuries, it is best to get help from an experienced injury lawyer who will collect evidence and effectively present it to an insurance company. And if an insurance adjuster denies the liability of their insured or offers a small settlement, an injury lawyer will take the claim before a judge and jury to obtain a full verdict.
There are no winners in such injuries. The severity of brain injuries can take many forms and come with a tremendous number of complications. A Traumatic Brain Injury, or TBI, caused by an accident is a devastating diagnosis.
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A driver and passenger have an unspoken agreement every time they get in a vehicle together - that they both have a responsibility to each other to make the drive as safe as possible. Yet it's ultimately the responsibility of the driver to maintain the well-being of all passengers in the car. Behaviors that go against safety - drunk and drugged driving, and distracted driving are two big examples - endanger everyone in the car and around it. These are other factors will have a dramatic impact on determining liability after an accident. Click to learn more from this Bellingham, WA accident lawyer about how negligence and liability are factored in to accident injury claims.
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