Determining Car Accident Liability.
Several car accidents happen every year. The dangers of car accidents are undeniable, and most of them lead to injuries to people and damages to properties. A lot of money is paid to cater for these damages and injuries, but the big question is who pays for these expenses. Determining the responsible party in the event of a car accident is vital since it directly shows who pays for the damages.
Typically, after a serious car accident, you may be confused and not in a position to think straight. In such situations, you may find it hard to assess the situation and determine the injuries and damages caused by the accident. Always seek medical attention if you suffer from injuries as your health is a top priority. However, if you are fine and do not need emergency treatment services, doing a couple of things at the accident site can significantly help in the determination of the car accident liability.
First, try and take note of the details about the accident such as the date and time. Go ahead and record any useful information such as the weather conditions that may have contributed to the crash. If there were any witnesses, get their names and contact information. Try and note down a description of what you remember before the accident happened and put down some sketches if possible. If you have a phone, take pictures of the accident scene and make sure things such as skid marks are captured.
Most people have the notion that if one party does not file a claim, they are indirectly hinting that they are responsible since they do not want to take responsibility. Others think that those filing claims with their insurance carriers are the liable ones. All of these assumptions are falsified since such factors do not come in when determining car accident liability. The real liability determination done by the relevant authorities is based on a negligence analysis.
Negligence is made up of four things those are duty, causation, damages, and breach. Causation is the most influential element of negligence since it can determine whether you are liable for the accident or not. The aspect of causation says that the duties you neglected, for instance, the traffic laws or looking out have to be substantial and related to the damage caused on legal grounds. In a nutshell, it has to be clear that the neglected duty led to the car accident and damages caused.
Trying to prove the absence if causation is an excellent way to defend yourself from the liability. Adjusters use what is known as a but/for test in making the conclusion. Taking an example, imagine someone who is completely drunk is parked in a lot waiting for another party to bring more whiskey. Another individual who is completely sober comes and loses control of their car and hits the drunk person’s car. Despite the fact that the drunk person breached the law by driving while drunk, their breach did not cause the accident since but for his intoxicated nature, the accident would still have happened.
The analysis associated with determination of a car accident liability can be quite confusing for people who are not law savvy. It is essential to take the actions recommended above after being involved in an accident and contacting a personal injury lawyer immediately.