Understanding how to determine and prove fault after a car accident is essential to building a solid case and recovering the money you need and deserve. Most states operate fault-based car accident systems that allow victims to hold the at-fault driver accountable and recover money.
Working with a Baltimore car accident lawyer is the best way to ensure you know what to do and how to document fault in your crash case. This allows you to seek financial compensation for all your economic and non-economic damages, including medical expenses, vehicle repairs, lost income, and more. Contact a personal injury law firm for a free case review as soon as your injuries allow.
Understanding the Importance of Determining Fault in Your Crash
Most car crashes occur because of driver error. One driver acts carelessly or recklessly behind the wheel, makes a mistake, and causes a collision. In legal language, this is negligence. This generally makes them liable for any injuries or expenses that occur for other drivers or pedestrians.
This is why determining fault is crucial for settling insurance claims, holding negligent drivers legally responsible, and recovering compensation. There are four elements present in a negligence-based auto accident:
- The at-fault party owed the victim a duty of care.
- The at-fault party breached that duty.
- This breach of duty caused the crash.
- The victim suffered injuries and damages.
Understanding the applicable traffic laws and who broke the law is essential in these cases. This is because upholding a driver’s duty of care generally means following traffic laws. For example, drivers usually owe a duty of care to yield to oncoming traffic before turning left. When they breach that duty, they may turn in front of a vehicle and cause a T-bone collision. Accident victims can suffer serious or catastrophic injuries.
However, there are some cases where another driver is not the liable party. For example, imagine a crash that occurs because a vehicle has defective brakes. The brakes fail and cause a collision. In this situation, you might need to build a case against the parts manufacturer, not an individual driver.
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What Evidence Supports Fault Determination in a Car Accident Case?
Part of building strong support for your insurance settlement or court case involves collecting compelling evidence to show what happened and prove who is legally responsible for your crash. The evidence available can vary depending on the circumstances and case facts. However, common evidence in these cases could include:
- The police accident report, which indicates whether an involved driver received a citation
- Witness statements about what occurred
- Skid marks, vehicle damage, and other physical evidence
- Video footage from surveillance or traffic cameras or dashcams
- Accident reconstruction, often performed by hired experts
Investigations into the cause of a crash take time and resources. Many motor vehicle accident victims do not have access to the time, money, or network of experts necessary to develop a convincing case and recover fair compensation on their own. Working with a Baltimore personal injury lawyer who handles similar cases regularly is important for developing the strongest case possible to hold the negligent party accountable.
Common Causes and Fault Determination in Vehicle Collisions
The investigation into a collision often begins with determining what happened. Knowing the type of crash sometimes provides major clues into who is most likely at fault. Consider these common scenarios:
- Rear-end collisions: The rear driver is at fault in most of these collisions. They have a responsibility to leave a safe following distance between them and the car in front of them to avoid causing accidents.
- Intersection accidents: Many of these crashes occur because a driver ran a red light or ignored a stop sign. Determining who had the right of way based on the current conditions when the crash occurred will be crucial.
- Failure-to-yield accidents: Failure to yield when turning left is one of the most common causes of crashes. The left-turning driver is often at fault in these collisions. They were responsible for yielding to oncoming traffic unless a green arrow indicated they had the right-of-way.
- Head-on collisions: In a head-on collision, the details matter. Where the crash occurred can explain a lot about what happened. Was one driver going the wrong way on a one-way road? Did they cross over a median? In cases where they simply failed to maintain their lane and crossed the centerline, witness statements, video, and details from the crash scene, such as skid marks, may be crucial pieces of evidence.
Assigning fault can be more challenging in multi-vehicle accidents. Sometimes, more than one driver makes a mistake, contributing to a pile-up or chain-reaction crash.
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How Can a Car Accident Lawyer Help Me Win My Case?
The most effective way to navigate your car accident case is to work with an experienced attorney who handles these cases all the time. They will have the know–how and resources to manage the investigation into your crash, identify the liable parties, and prepare a claim against them.
Your personal injury lawyer will also have proven negotiation skills that could help you recover fair compensation through an insurance settlement or litigate the case in court.
When you choose to work with a car collision lawyer on your personal injury claim or lawsuit, you can focus on healing. You do not have to worry about navigating the claims process or what steps to take next. Your attorney will handle your legal case while you continue your treatment and recovery.
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A Car Crash Lawyer Can Help You Build Your Case Against the At-Fault Driver
You can speak to a team member from Jenner Law about your car accident case for free. We provide complimentary initial consultations for car crash victims and their families. You can learn how a car accident lawyer from our team can help you build a case and fight to hold the at-fault driver responsible.
Contact us today to discuss your accident and injuries.
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