Determining Fault: Proving The Negligence Of The Driver Who Caused Your Injuries
In some auto accidents, it can be difficult to determine who is at fault for causing the accident. When you are injured, determining fault can have a big impact on your ability to seek financial compensation. Drivers on the road have the duty to drive with caution, maintain a reasonable speed, and drive without distraction. There are a number of reasons a driver might be negligent, and you may need to come up with the proof that you are not at fault for an accident. If you are able to, take pictures of the scene immediately so that the scene is preserved visually. When a driver is operating a vehicle carelessly and causes an accident, the fault will be assigned to them.
Weather Conditions Are a Factor
Reasonable care while driving can be slightly different, depending on the weather. For example, on a clear day on the highway, a reasonable speed to drive would be the speed limit posted. On an icy evening in the middle of winter, driving at the posted speed limit is not reasonable. If you are hit by a driver who is going too fast for the weather conditions, this can help establish that they are at fault for your injuries.
Distractions Are Important
All drivers are expected to drive with minimal distractions if possible. This means that a driver should not be texting, looking at email, or otherwise getting distracted while driving the car. Even when it is legal in your state to operate a vehicle and talk on the phone, a driver who is on the phone could be considered a distracted driver if they cause an accident. Other distractions include having the radio up too loud or too many passengers in the vehicle.
Gathering Your Proof
Once you take pictures of the scene if you are able, you will also want to talk to any witnesses of the accident. The police should be called to respond to the scene. Read over any official accident reports filed by the police to see if they accurately reflect what you believe happened. You can refute the accident reports with your own evidence if you have it.
Fault is going to impact any monetary award you are entitled to. Work closely with an auto accident attorney to talk about your case. Go for an initial consultation, and provide all of the material you have to prove your case.
For more information, get in touch with a law firm such as Bangel, Bangel & Bangel.