Proving Fault In An Auto Accident: A Primer
If you wish to prove fault in an auto accident case, there are usually a number of steps and tips of which you must abide. Throughout the course of this brief guide, you will learn a bit about the process of proving fault.
It is imperative that you file a police report as soon as possible. Although in some cases, immediate filing is not an option, especially if there is a medical injury involved, you should attempt to file your report as soon as you are in a state to do so. If a report was filed during an accident, you can retrieve this report by contacting the traffic division of the precinct involved in presiding over the accident. A police report will often times contain remarks by the officer who presided over the case, including whether or not he or she believes one of the parties involved violated a traffic law or is at fault.
Deferral to state law is also a great way of proving fault in an auto accident case. It is recommended that you consult the state's vehicle code via documentation available at your local DMV office. These documents usually have an index in which you can cross reference items that are relevant to your accident, like "right of way," "speed limits," and "roadway markings." If you believe you've found a law that will allow you to prove fault and is applicable to your case, copy down its wording and, if possible, statute number and run these possibilities by your local auto accident attorney.
There are some cases where there is very little you have to do in order to provide proof of fault. These are considered "no doubt liability" cases, wherein the other party's insurance provider will usually not even expend the energy to launch a counterclaim. Be aware of these cases. For example, if you were rear-ended in an accident, it is a general rule of thumb that the person whose car was in front (in this case, your's), is virtually never responsible for the wreck. Another example is left-turn accidents. Those driving vehicles making left turns are almost always considered liable in such cases where an accident occurs.
If you have been involved in an auto accident, the best way to go about proving fault is to hire the services of a professional auto accident attorney who can help you with these matters.