A traffic accident is a terrifying and upsetting event. This is particularly so if the crash was not caused by you.
In any accident, it is critical to determine who is at fault because whoever caused the incident is usually legally liable for the aggrieved driver’s damages. In some rare circumstances, multiple parties could cause the mishap. In cases like this, the parties engaged in the accident could be held responsible.
You may be able to seek damages from the negligent driver in a car accident. Unfortunately, insurance providers may argue that it was your fault to avoid compensating you.
What Should You Do After An Accident?
Insurance providers might pin fault on you in order to decrease your claim, even if the fault is obviously not yours. You may refute fault immediately after the incident by doing the following:
- Don’t flee the scene immediately.
Each state makes it illegal to escape a scene of a crash. All parties involved need to stay there until the police show up. You should remain at the scene and report the event even if the situation is a hit-and-run. It is advisable to stay even when the other vehicle drives off the scene.
- Obtain the other party’s contact information.
Obtaining the other driver’s contact details does not automatically prove their fault. Still, you need to do it so you can submit your claim.
- Call the police.
Get a police report copy before taking further legal action in the aftermath of a car accident. The police report could possibly be the most valuable tool you have. It will include useful details that you can utilize to determine and prove the other person’s fault. You can also use to acquire your insurance payout.
- Talk to the witnesses.
Before they leave the site, ask for contact details and statements from all available witnesses. Neutral witnesses are powerful proof and evidence in convincing insurance companies that you were not at fault.
- Photograph and document the site.
Snap pictures of the crash scene to help establish your case later on. Take photos of all the cars involved, their positions, the circumstantial conditions, and anything else that may be useful. If you are too injured to take images, delegate the task to someone else.
- Get yourself a lawyer.
You need to contact an experienced attorney who specializes in auto accidents immediately after the incident. They can assist in proving that the other driver was actually responsible for the accident that caused your damages and injuries.
Which Individuals Can Be Potentially At Fault In A Car Accident?
If a driver blatantly violated traffic regulations, determining culpability in an automobile accident is simple. Irresponsible car drivers who participate in any other risky behavior while driving are typically liable. They might certainly be to blame for the accident. If the motorist texts, speeds, or drinks while driving, it becomes a very straightforward situation when proving fault.
What Do You Need To Prove To Acquire Injury Compensation?
You must justify your right to compensation when submitting a claim with the insurance provider of the responsible driver. To show proof of liability in Michigan, the following must be demonstrated:
- The driver responsible was negligent.
- 50 percent or more of the fault is attributed to the driver.
- The driver’s negligence caused the injury.
- Serious bodily impairment was inflicted on the claimant.
- The claimant endured pain and suffering.
How Do You Prove That You Are Not At Fault In an Accident?
- Look at the available physical evidence.
Physical proof is among the first factors examined immediately following a car accident. The physical evidence found at the site can serve as your proof.
- Crash site photographs
- Phone records (during and after the accident)
- Vehicle condition Report
- Vehicular and property damage on site
- Check for video recordings.
- Mobile phone videos
- Dashcam videos
- Surveillance videos
- Traffic camera videos
- Listen to witnesses’ statements.
Physical evidence and video recordings are insufficient. Witness statements are not the only thing considered when deciding fault, but they might provide vital details.
How Are Rear-End and Left-Turn Collisions Dealt With?
In circumstances of “no doubt” culpability, like left-turn and rear-end collisions, proving fault is usually simple and uncomplicated.
In rear-end collisions, the law supports the driver in front. However, in some instances, the driver in front is found liable.
- The driver in the back was hit from behind, causing their vehicle to thrust forward.
- The driver in front slammed on their brakes for no apparent reason, tapped their brakes to slow down the other driver, or cut in front of the other driver unexpectedly.
In left-turn collisions, the law considers the driver who made the left-hand turn at fault. However, in some instances, the driver who turned left is not found liable.
- The driver heading straight was going too fast.
- The turning driver had a green light or could not see the oncoming driver due to closed headlights at night.
A Car Accident Lawyer in Lansing Can Help You Prove Fault and Get Compensation.
If you or your loved one suffered injuries and damages from a car accident, let The Clark Law Office assist you with everything related to the law. At The Clark Law Office, our auto accident attorneys are committed to helping you with your legal needs, especially in these cases. Contact us immediately at (517) 347-6900 or email@example.com.