Car Accident Liability: How to Prove Fault
Establishing liability in an accident is critical to making sure if you're not at fault that you have a chance of prevailing against insurance companies and in court. Determining who made the mistake that caused the accident definitively is about the only way to make an insurance company pony up with no resistance. As a client, here is what you can do to establish fault and support your case in addition to the efforts of your Bradenton, FL personal injury attorney.
Check the Police Report
Every time an officer shows up at an accident scene, they have to file an official report. In most cases, they are required to file a preliminary report immediately after the incident so they can document their observations and actions while they're still fresh in their mind. In the report, the officer will indicate situational observations, witness comments, whether any citations were issued, and occasionally, their opinions on what happened. All of that information can help build a case in your favor or give you insight as to how your personal injury defense attorney in Bradenton, FL, will approach your case.
Review Local and State Traffic Laws
Local and state laws can be quirky. They also can be great tools for helping to assign fault in an accident. For example, some yield laws at particular intersections can be odd. In other cases, particular laws like speed limits can come into play. Reviewing state and local laws can help build a case for the fault of an accident being the other participant. It also will give you an idea of governing laws and principles as your personal injury accident attorney in Bradenton, FL, builds your case.
Anyone involved in an accident should immediately review what types of accidents fall under the concept of “no-fault.” These can include rear-end collisions, left-turn collisions, or instances where the fault of the other driver is established via the police. Incidents covered in that latter category include accidents due to suspected DUI or impaired driver events. In accidents where the fault is in doubt, the greatest asset an attorney possesses is the report by the police.
Your attorney for personal injury in Bradenton FL will likely handle this aspect of your case. Expert witnesses can provide in-depth testimony pertaining to the fact of the accident. They can establish approximate speed, weather conditions and other mitigating factors that can improve your case in terms of determining fault.
Establishing fault in an auto accident case is one of the primary goals of your Bradenton, FL, personal injury attorney. Doing so gives your case immense leverage when negotiating with insurance companies and in court. Using the tips above to help establish fault will go a long way towards getting you the settlement you deserve.