As with other types of accidents, figuring out who is at fault in a traffic accident is a matter of deciding who was careless, or in legal terms, “negligent.” In many cases common sense will tell you which driver, cyclist or pedestrian acted negligently, but you may not know what laws or rules that individual violated. Your argument to an insurance company that another person was at fault for an accident can be strengthened if you find some “official” support for your conclusion.
Many things should be considered when trying to determine liability for a particular accident. Police reports, state and local traffic laws, and negligence laws should be considered. If the police came to the scene of your accident, particularly if they knew that someone was injured, they probably made a written accident report. Ask the traffic division of the police department how to get a copy. Another place to look for support for your argument that the other driver was at fault is in the state laws that govern driving. These rules are contained in each state’s statutes and are usually known as the vehicle code.
In many cases it is also important to understand that specific types of accidents generally have “no-doubt” liability presumptions, including certain rear-end collisions or left-turn accidents. These types of accidents are less contested and liability is determined very quickly.
Most importantly, if you are injured, seek medical attention. Taking care of yourself or your loved one is imperative. Medical costs and associated expenses can be demanded in addition to property damage.
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