When you’ve been injured in a car accident, it can be hard to think about what’s next. You may believe the other driver hit your vehicle on purpose, but proving this will require a lot of time and effort.
Insurance companies often determine who is at fault in a car accident based on statutes. But, these determinations rely on jurisdiction-specific laws so it’s not possible to provide any advice without specific details related to your case. What is the law in my state when determining fault for car accidents? However, generally the law governing accidents, auto insurance policies, and things that can affect fault after an accident will be examined.
The cost of car accidents in America is estimated to be $242 billion per year. Often, deciding who was at fault can often go one of two ways: with the insurance company or with a judge and jury- depending on state law.
One important factor for determining who has more responsibility in an accident is comparative negligence laws which are based on whether a person’s contribution to their own injury “greatly” exceeds what would normally be expected from a competent driver.
It may sound confusing but knowing how these laws work could literally keep your wallet full!
If you’ve been in an accident, and you think it wasn’t your fault, there are a few steps to get through the process.
1. Take photos of the vehicle, traffic conditions/signs, and physical damage.
Now that almost every cell phone has a built-in camera, it has become much simpler to be able to collect evidence of the accident. Take pictures of all angles and surroundings so you are prepared for how this may support your case later.
2. Gather physical evidence from moment of the crash, such as skid marks and other debris.
When an accident happens, take plenty of photos as soon as you can to show who is at fault. It may take a while to find evidence and enough witnesses, so be proactive about getting the evidence right away by taking high quality pictures with your phone and asking for corroborating eyewitness accounts.
3. Exchange any information you may need.
Obtaining contact information of the driver who caused the collision will not help prove his negligence, but you will need it to file a claim.
4. Contact any witnesses at the scene and explain the situation.
The aftermath of a car accident can be an intimidating situation. Keep an eye out for any potential witnesses who may still be around; this is important because they’re likely to provide you with information that companies, drivers, or insurance firms will need. These witnesses provide neutral evidence to the insurance company which is typically valuable for those without fault in car accidents.
5. The next thing to do is call the police.
At the accident scene, it is important to call the police and obtain a copy of the police report. A police report contains helpful information on how a crash occurred, who is at fault for the incident, and if anyone was issued any citations.
6. Never admit fault when you are contacted about a car accident.
One way to shoot down the other driver’s claims is to show how they are at fault. Have all of your supporting documents and videos ready for presentation if needed. Do not admit guilt in an accident, even if it seems tempting.
7. Talk to and seek guidance from a lawyer.
Some cases require legal representation, and an injury-related car accident is one of them. If you were injured in a car accident, consult with a lawyer to learn more about filing a negligence lawsuit. It is worth consulting with an injury attorney to find out what your rights may be if you have been injured in a car accident.
In the event of a car accident, an attorney specializing in auto accidents will know all the important factors and how to vindicate you.
Hinds Injury Law Las Vegas
600 S 8th St Suite 140, Las Vegas, NV 89101