Proving Fault in a Car Accident

If you get into a car accident that resulted in an injury to a person or damage to personal property, then you will need to prove who’s at fault for the car accident. Unless some illegal activity was involved, you won’t need to prove this in court; however, you will need to prove who was at fault for the car accident to your insurance company. You’ll want to prove that the other party involved in your car accident was negligent or at fault so that you won’t be responsible for the costs and so the other person’s insurance company has to pay a settlement that covers the costs of any injuries, damages, court costs, and/or lawyer fees.

Proving Negligence

When it comes to proving the other person’s negligence, you won’t have to go through a lot of trouble. Just explain exactly what happened to your insurance company. For example, if someone ran a stop sign and hit your car, you can just tell them that. Your insurer will check the police report and interview any witnesses if needed to back up your claim (in the event that the third party denies culpability). In some cases, the other party might admit negligence, making it even easier for you. For example, maybe they weren’t paying attention and they rear ended you at a stop light.

If it’s obvious that it was the other party’s fault, their insurer is likely going to want to make a settlement to avoid having to go to court. However, if they refuse to confess negligence, you may have to. It’s why you should always call the police if you’re in a car accident so that you can have an official report written up.

Partial Negligence

Who’s at fault isn’t always clear in all car accidents. In some cases, you may share some of the blame with the third party. For example, if both you and the driver of the other vehicle were careless or reckless in the leadup to the accident, then partial negligence may be determined on both parts.

Your carelessness will be compared with the carelessness of the other driver. The insurance company will determine a percentage (for example, if you were 25 percent at fault and the other person was 75 percent at fault), and base the compensation on that (in the example’s case, the other driver would be responsible for 75 percent of the fair compensation for the costs of any injuries or damages caused in the car accident).

One thing that you should keep in mind is that some states will not allow you to collect compensation if your carelessness is deemed to have substantially contributed to the accident, which is known as contributory negligence.

Contacting a Car Accident Attorney

If you’ve been in a car accident, it’s a good idea to consult with a lawyer that is experienced in car accident cases. This is especially true if you are being charged as being the negligent one and you don’t believe that it was your fault. A good lawyer will be able to build your case to either prove that you weren’t negligent or to prove that it was the other party’s fault. By using a lawyer, you’ll have a much better chance at receiving a larger settlement as well.

If you were recently in a car accident, then be sure to contact us at the Law Office of Gloria Seidule to schedule a free initial consultation today.