Determining fault in a car accident case establishes liability so you can pursue a successful claim. While it may seem straightforward, you need a lawyer to gather evidence to accurately determine fault.
Recovering compensation after your car accident depends both on what happened during the crash and what you do in the days afterward.
Avoid common mistakes that may endanger your case, such as speaking to the other driver's insurance company.
One of the most significant errors you can make after a motor vehicle crash is waiting too long to hire a car accident attorney. If it is unclear which driver struck the other, and the other motorist is telling a story at odds with yours, you must hire a Georgetown car accident lawyer as soon as possible.
At a minimum, immediately call a car accident lawyer to discuss your case with them.
A lawyer with experience in car accident cases can evaluate your case and determine fault. They will thoroughly investigate the accident scene, review police reports, interview witnesses, analyze medical records, and gather any other evidence necessary to build a strong case on your behalf.
Your attorney can also handle all interactions with the insurance companies and protect your rights throughout the process.
Your Car Accident Compensation Depends on a Showing of Negligence
In any car accident case, the negligent driver must pay the other for their damages. Negligence means that a driver did something unreasonable under the circumstances.
But which driver? In some cases, the other driver may have hit you, but maybe another car hit them, and knocked them into you, making your legal case more difficult. Turn to an attorney to prove your case.
You May Not Have to Know Which Driver Struck the Other
In a rear-end car accident case, the rear car driver is usually at fault for the accident unless they can win the uphill battle of proving that the other motorist stopped short in front of them. In an intersection car accident, the driver who hit the other may not always bear fault. Instead, the driver who failed to yield the right-of-way must pay damages to the other driver.
The same goes after a blind spot accident when one driver tries to merge into the lane of the other. Even if the driver who was already in the lane is the first one to make contact with the other car, they will not likely bear liability for the accident.
Still, the question of which driver struck the other can help determine liability, even though other factors may come into play.
Your Car Accident Lawyer Will Gather Physical Evidence to Prove Your Case
Physical evidence won’t always tell the story of which driver struck the other. Third parties who saw the accident can give testimony about what happened. This evidence is usually the most persuasive in your case because these witnesses do not have any financial incentive to make up a story.
Pictures of the accident scene can also be instructive in determining who hit whom. The position of the cars after the accident can help determine what happened, and the crash's angle can show which car initiated contact.
The vehicle damage may also indicate which driver made contact with the other. The dents on the cars and the paint chips can tell the story, and if you took pictures of both vehicles from the accident scene, they can help your car accident lawyer. However, you most likely could not investigate your own accident when you were dealing with serious injuries and receiving medical treatment.
Your car accident lawyer can show up at the accident scene in the days afterward and take pictures that can help your case. For example, skid marks on the ground, the location of debris, and where it landed can help prove your case.
Thus, you must act quickly to hire a car accident attorney. The authorities may have completely cleared the accident scene, and skid marks may fade in the days after the crash. Physical evidence becomes less reliable as time passes, and it becomes harder to obtain.
Drivers May Blame the Other After a Car Accident
Two drivers may be telling opposite accounts after a car accident. You may know what happened, but the other driver says something completely different. They may know that telling the truth will cost them money, or they may have a legitimately different recollection.
Either way, you need to take steps to break the deadlock to qualify for financial compensation. If you do not have the evidence necessary to prove your side of the story, you may find that the other driver's insurance company will deny your claim, which is the last thing you want.
Your car accident attorney will work to gather all the available evidence to support your claim.
Still, you may need more than that to prove your case, especially when there were no witnesses to the crash, or you could not locate them. You need something more on your side, and luckily, your car accident lawyer has other options that can help in your case.
Car Accident Lawyers May Work with Accident Reconstruction Experts
Car accident lawyers often work with accident reconstruction experts to get an opinion on what happened in the crash. Engineers and mathematicians know how to recreate the incident.
The accident reconstruction expert often visits the accident scene and inspects the vehicles as a starting point for their analysis. They can analyze the overall conditions of the crash and other data points as part of an overall inquiry about what happened.
Your car accident lawyer should work with an accredited and knowledgeable expert, and these witnesses must meet specific requirements for testifying at trials.
If they do not use scientifically reasonable methods, they may not testify in the first place.
The other driver may have an accident reconstruction expert of their own who can reach a competing conclusion. Two expert witnesses may say different things depending on their analysis of an accident.
You Need a Car Accident Attorney in Any Car Accident Case
It makes sense to hire a car accident lawyer in any car accident case, and it is even more of a necessity when there are any disputed facts. The other driver's insurance company will likely not accept liability if there are open questions about the cause of your car accident or if you do not have persuasive evidence that implicates their driver.
Even though the standard of proof in a car accident case is the preponderance of the evidence, insurance companies don’t like to pay a lot of money.
You Can Always File a Lawsuit if You Are Dissatisfied with the Claims Process
A car accident lawyer can always take your case to court if the results of the claims process fail to satisfy you. Your attorney will use their experience and legal knowledge to present your case, ensuring they accurately convey all relevant facts and details to the judge and jury. They will advocate for your rights and fight for the compensation you deserve, whether for medical expenses, lost earnings, or pain and suffering.
The judge or jury can issue a binding ruling about your legal right to compensation in your car accident case. If the insurance companies deny your claim or try to blame you partially for the accident, you can always file a lawsuit against the other driver in the crash.
The insurance company may settle the case before you reach trial, or you will have a right to your day in court, where your car accident attorney will present your case to the jury. Jury members will hear your side of the story, weigh the evidence, and determine whether you have the legal right to compensation for your injuries.
Do Not Wait to Hire a Car Accident Attorney
Disputed car accident cases not only require that you hire an attorney, but they also mean that you should get legal help quickly. The other driver's insurance company may try to break the deadlock by pressuring you to give a statement on the record.
A car accident attorney can handle any communication with the insurance company so you can avoid a costly mistake.
Your car accident attorney will also need to gather evidence in your case while it is available. Thus, timing can be everything in a car accident case, and for you, it all begins with hiring an attorney to represent you in the legal process.
It Costs You Nothing Upfront to Hire a Car Accident Attorney
While recovering from your injuries, you may worry about the financial burden of hiring legal representation. The good news is that car accident lawyers work on a contingency fee basis, which means they only get paid if they win your case.
They usually charge a percentage of your compensation, which you agree on upfront. If, for some reason, your lawyer cannot secure a settlement or win your case at trial, you do not owe them anything.
With this payment agreement, you know that your lawyer will work hard to get the best possible outcome for your case. They will fight for your rights and ensure you receive your deserved compensation. This arrangement also means that anyone, regardless of their financial situation, can afford quality legal representation.
A Car Accident Attorney Is Standing By
By hiring a Georgetown personal injury lawyer, you are leveling the playing field against insurance companies. These companies have teams of skilled adjusters and attorneys whose primary goal is to minimize the amount they pay out in claims.
With a lawyer by your side, you know that the insurance companies cannot take advantage of you. Your attorney will handle your case's time-consuming and stressful aspects, allowing you to focus on your recovery.
Determining fault in a car accident case is a complex process. A car accident lawyer has the experience to handle your case and ensure you achieve the best possible outcome. After a car accident, contact a lawyer as soon as possible to receive the compensation you deserve.
