Even if you were not at fault for the accident, you may find yourself on the wrong side of a lawsuit. California’s insurance laws require all drivers to carry current insurance and there are some built-in protections for both parties involved. However, insurance only covers so much and there can be claims well in excess of the amounts paid for through a policy. Go here to learn more about what to be aware of, and steps to take, after a San Bernardino car crash.
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Disputing Fault in a Personal Injury Case
Some car crashes have a clear cause and the fault rests with one driver. But some accidents involve multiple causes, and the fault can be disputed. When that happens, insurance companies have ways to prove fault, and sometimes fault and negligence are distributed between drivers and passengers.
When fault is disputed, insurance companies work very hard to find evidence to prove their insured is not at fault, to avoid having to pay out a claim, or to reduce the amount.
Proving liability in an insurance claim
When the key issue of liability is disputed, evidence is gathered to prove which driver was actually at fault. This evidence can include physical evidence from the crash site, police collision reports, witness testimony, and vehicle damage photos. So after an accident, it is helpful to take good photos of vehicle damage and the crash scene including debris and skid marks. Gathering witness names at the crash location is important. Calling the police who will complete a traffic collision report after a collision also helps preserve evidence and formally document how the crash actually happened.
How injury attorneys help prove liability to protect their clients
When the issue of disputed fault arises and one insurer denies a claim based on its belief that its driver was not at fault, the insurer often will offer a minimal settlement, or no settlement at all. Generally, if an insurer asserts that its driver is not at fault, then often personal injury attorneys get involved, to protect the rights of their clients and undertake the process to prove liability. An injury lawyer has the experience to gather evidence, prove fault, and negotiate with an insurance adjuster to get the highest settlement possible after a personal injury.
According to car accident researchers, drivers are 10 times more likely to be involved in a crash when they are noticeably angry, sad or agitated. Read more here on these interesting statistics, and how this is a major safety issue for drivers in Little Rock.
Distracted walking refers to the situation when a pedestrian’s attention is on something other than his or her surroundings. These days, most distracted walking involves pedestrians focusing their attention on cell phones, tablets, or other electronic devices while walking down the street or crossing at intersections.
Imagine driving down the road and suddenly getting popped in the back of the head with a flying Sponge Bob. Kids are 12 times more distracting to a driver than talking on a cell phone. While it's doubtful laws won't make driving with children illegal anytime soon, here are some statistics on the dangers of distracting driving, plus tips on helping kids learn to behave in cars.
How could you sue a driverless car! Once these vehicles hit the road en masse as projected - 10 million by 2050 - accidents may go down but they won't go away. Bill Coats Law of Bellingham, Washington writes on issues for car accident claims where fault is disputed by the machines.
Regardless of who is at fault, if there are injured people in a car accident, those people will deserve medical care. So who pays for those bills? Auto insurance policies have an option called Personal Injury Protection offered to many US drivers; in Washington, for example, the coverage is required by state law to be offered to all drivers licensed in the state. This is the coverage you'll count on to pay medical bills, and sometimes wage loss. Bill Coats Law in Bellingham, WA describes more about what Personal Injury Protection is for and how it works to cover people hurt in an accident, no matter who caused it.
Car crashes are complicated events that happen in the blink of an eye. Many factors can contribute to the series of missteps that make vehicles collide, and many people will look at those factors and have a completely different take on who was at fault. In cases that aren't cut and dried, fault can be disputed. If you've been in an accident where fault is disputed, this article has four tips on what you can do to build a best case scenario for yourself.
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