2 Tips For Determining Liability In An Auto Accident
Were you involved in an auto accident that resulted in you being injured? If so, you will likely want to sue the other driver for damages so that your medical bills are paid. One issue that you are going to run into is determining what percentage of liability the responsible driver holds since that will ultimately determine your compensation. Here are a few things you need to know about determining liability.
Look For Clear Negligence
It always helps when the other driver has done something that is a clear example of negligence. For example, they may have driven through a red light or blown past a stop sign. If they were violating traffic laws that ended up in an accident, then you can likely claim that the other driver was 100% responsible for the accident. Other examples of clear negligence include driving under the influence of alcohol or distracted driving.
Another way to determine clear negligence is based on any tickets that were written as a result of the accident. It's possible that the other driver was caught speeding and was given a ticket by a police officer, or they were caught going through a red light by a red light camera. These can help further improve your case by placing the blame on the other driver.
Look At Your Local Laws
Sometimes the local laws regarding accidents will determine liability. There are some states that have no-fault insurance laws, which means that neither driver is held responsible for causing an accident. You will always use your own insurance to recover the damages from the accident, and it is not a concern about who caused the other accident or how much fault they hold.
There are also states that have comparative negligence laws. These work a bit differently, since the only way an injured person can seek compensation is if they do not hold any percentage of fault. This can make it difficult to win your injury case because the responsible party only needs to prove that you hold the smallest amount of fault possible to avoid the responsibility of paying for your injury.
Are you feeling confused about how fault will play into your auto accident-related injury lawsuit? Reach out to an auto accident lawyer in your area for a consultation. They can assess your case and let you know if you have a chance of proving the other driver was at fault.
For more information, contact auto accident lawyers near you.
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