A car accident attorney has a number of cases to handle at any one time, as vehicle crashes are common and often result in serious injury. Too many drivers are careless and overly confident behind the wheel and take risks that they shouldn’t. Talking or texting on the phone, eating, speeding, making reckless turns, not checking blind spots, and driving while intoxicated are just a few causes of vehicle wrecks, and they are pervasive. But just because many people commit these mistakes doesn’t mean the perpetrators aren’t responsible for their actions. If someone is negligent while in the driver’s seat, and that negligence leads to a crash, they will be liable for any injuries or damages.
HOW CAN A CAR ACCIDENT ATTORNEY HELP ESTABLISH LIABILITY IN A CASE?
In most states, there are some incidents that result in what is known as no-fault liability. The designation may be confusing because when a no-fault crash occurs, one driver will accept all of the liability for a crash. In fact, insurance companies generally won’t even argue a claim if police reports corroborate it, and will just look for a settlement right away. No-fault crashes include rear-end collisions and left turn collisions. Drivers who ram the back of a vehicle, and drivers who make unsafe left turns in front of other automobiles are considered to be particularly reckless, and they must compensate the other drivers for all damages or injuries caused during the incidents.
When liability is not so clear, a car accident attorney can help establish it in their client’s favor. Experienced lawyers will be able to gather all relevant information about the case, such as police reports and photos, and will also be able to perform their own investigation of the wreck. These legal professionals have access to vehicle safety experts and other expert witnesses that can support the victim’s claim. This support can identify other factors involved in the claim, such as poor road conditions or unmarked construction zones. The lawyer can name additional defendants in the case, if necessary. For example, it is considered negligent to loan a vehicle to some people, including intoxicated, unlicensed, underage, ill, or elderly drivers. If someone does loan their vehicle to one of these people, and they cause a crash, then the vehicle owner may share liability as well. A car accident attorney can build a claim against both the driver and vehicle owner to improve the chances of acquiring a favorable settlement.
Even when liability is clearly established, it is still important to have a car accident attorney helping out. Victims are required to prove their injuries and demonstrate that a crash caused them. A lawyer will be able to draw a line between the incident and existing medical records, proving a victim’s injuries were the result of negligence.
Also, when it comes time to sit down and negotiate a settlement, an experienced lawyer will be able to better assess the worth of the injuries and negotiate more forcefully on the victim’s behalf. This will ensure the defense doesn’t take advantage of the victim and pays what they owe.