The question that arises in any personal injury lawsuit is: ‘Which party is at fault’? Establishing the fault in a personal injury claim is important as the at-fault party will have to pay the compensation to the injured party, either through negotiation or court settlement. This is where a vehicle accident lawyer will prove that you are not at fault.
Who will decide who is at fault?
It all depends on the circumstances related to the incident, but if you are being represented by a lawyer, he should investigate the case and find out the fault of the other party and make a liability determination. Parties who are legally responsible in an injury claim have liability insurance, thus letting the insurance company pay for the damage. Insurance companies will carry out their investigation and make their liability decision. If both the parties do not reach a mutual consensus, then a personal injury lawsuit is filed.
Carelessness to establish fault in vehicle accident
The injury claims come up because of negligence from one or more parties. In order to legally prove negligence, your lawyer will explore the following points:
- Every automobile driver has a particular responsibility towards other drivers on the road.
- The applicant should prove that the defendant has violated a legal duty. For instance, a violation could occur if the driver was texting messages on mobile phone.
- The defendant should be responsible for the injury or harm caused to the plaintiff. For example, if the defendant’s car rear hits the plaintiff’s car, then one cannot establish the causation of compensation claim.
- The plaintiff should bear the damages, such as medical bills, loss of income from the time a person has been injured, damage of the property, etc.
Other ways to prove at fault
The lawyer can use the following ways to establish fault:
Intentional harm – If the accident is on purpose, then the individual who targets the victim will be charged guilty of battery.
Negligence per – This is applicable when there is a breach of a statute. Here, the defendant will become legally responsible for damages if the applicant’s injury falls under the type of the statute. For instance, if a pedestrian is injured due to reckless driving, the liability will be recognized using negligence per se.
Proving fault in personal injury accident
Your lawyer will have to thoroughly investigate all the details and collect circumstantial evidence in order to make a sound liability claim. Certain investigations will involve gathering of the evidence, such as a police report, statement of both the parties, documents, etc.; interviewing the parties involved and consulting with experts.
Hire a reputed personal injury lawyer who will pay particular attention to your case, gives compassionate and experienced legal advice when you require it the most.