For any personal injury case, including car accidents, proving fault is the determining factor in getting the type of settlement that you want and deserve. Unfortunately, proving fault can often be difficult, coming down to the classic “my word versus yours” scenario. In preparing your personal injury lawsuit, proving fault should be your number one focus, as this will make or break your case. If you’ve been hurt in a car accident, find out how to prove fault so that you can win the type of settlement that you need to move on with your life.
Support Your Case with Police Reports
Following the majority of car accidents, a police officer will be dispatched to the scene in order to document the facts of the case. In some cases, the police report resulting from your accident may even indicate who was at fault in your case, possibly citing the negligence of the other driver. Acquiring this police report from your accident should be your first step in attempting to prove fault in your personal injury case. This police report is concrete evidence of the facts of your case, including which party was culpable in the accident.
Become Well Versed in Your State’s Traffic Laws
Another great way to prove fault in your car accident is to become familiar with your state’s rules for operating a motor vehicle. Find a copy of these rules—often called a “Vehicle Code”—and familiarize yourself with the specific sections that pertain to the facts of your case. Understanding the different rules, particularly those related to speeding and right of way, will help you to show that you were operating your vehicle in the proper manner and that it was the other driver who was at fault. This will also give you the vocabulary you need to properly explain your case to the court.
Learn About “No-Doubt” Liability Laws
Some types of vehicular accidents fall under the umbrella of what are known as “no-doubt” liability laws. In these types of cases, one driver is at fault close to 100 percent of the time. Accidents that fall under the “no-doubt” designation are generally settled very quickly with little to no fuss.
The most common type of no-doubt case involves rear end collision. Being hit from behind squarely puts the fault on the other driver in almost every single case. The only way fault can be shifted to you in a rear end case is if it’s proven that your negligence contributed to the collision, which usually only happens if you were driving with malfunctioning headlights or stopped short.
Another type of no-doubt case centers on left hand turns. In a left hand turn collision, it is almost always the turning car that is at fault. The exceptions to this rule are threefold:
- The car that was going straight ran a red light.
- The straightaway car was exceeding the speed limit.
- The turning car was forced to slow down or stop through circumstances out of the driver’s control. However, these exceptions are rare and often hard to prove.
Being involved in an accident that falls under the no-doubt category makes it more likely you will get the settlement you’re seeking.
Hire an Expert Attorney After You’ve Been Hurt in a Car Accident
Even if the facts of the case are on your side, proving fault can be difficult if you’re not experienced in the law. The defense attorney will try their best to shift blame and deny you the type of settlement you need after you’ve been hurt in a car accident, which is why you need to get expert representation from the McMahan Law Firm. We will handle your personal injury case with the utmost care, gathering the facts need to prove fault and win the settlement you deserve. Contact us today, and let the McMahan Law Firm fight for you after your traumatic car accident.