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Who determines who is responsible for a traffic accident?

1 Aug 2017

In America, thousands of people get involved in road accidents. While the involved may only be minor offenders whereby only minor injuries are reported, some accidents are more severe, leaving many people injured, and confused. Unfortunately, only a few offenders take responsibility for the offense. The fault-finding process is very lengthy: A reason why the victim finds an Personal Injury Attorney.

Who Determines the One at Fault?

The best time to gather the necessary information about the party at fault is when the accident scene is still unexplored. In such a scene, the cars are usually untampered with, witnesses present and the recollection of the event is clear in both drivers’ memories. The police can gather facts that depict the one at fault by assessing the position of both vehicles.

However, some exceptions can be made, because, for instance, if a driver turning left was hit by another car steering straight, ignorant of the red-light, the latter is the offender. Regardless, police also use the statements by the drivers to find the one at fault.

What Ensues Next?

Following the determination of a fault, personal injury insurance claims come in play. The alleged offender may deny any wrong doing, and through their insurance agent, he or she may demand investigations. As the victim, what do you do next? How do you get the offender’s insurer to compensate you?

At that juncture, you should call your insurance company and find an Personal Injury Attorney. Your insurance agent helps in the investigation process and ensure your car is repaired. The role of the attorney is to assess the details you provide and other pertinent matters and ultimately make sure you get adequate compensation.

Legal Liability Determination Process

Most accidents occur due to the negligence of one or both drivers. Typically, the basic rule applies: The negligent person must offer compensation, either fully or partially. It is this rule of carelessness that dictates the process of determining legal liability. Other propositions upon which responsibilities are made include;

1. If the injured individual was at a point where he/she shouldn’t have been, or a point where they could have expected such an accident to take place. The other driver isn’t liable because he had no duty to be careful.

2. If the injured party was also careless, his compensation is reduced to the extent of which their carelessness accounted to the accident. That is also referred to as Comparative Negligence.

3. If the negligent party is of service to another individual, entity or organization, the employer is also constitutionally responsible for the accident.

4. Some poorly-built properties can be the cause of an accident, and in that case, the property owner bears the responsibility due to the negligence of maintaining the property at an apt condition, despite the fact that they may or may not have directly caused the accident.

5. An accident caused by a faulty product, the manufacturer and the retailer are both held liable regardless of whether the injured party had no idea of the one at fault or the reasons why the product ended up defective.

When Multiple Parties are at Fault

When more than a single person is responsible for causing an accident, the law states rather clearly that any one of the offenders takes responsibility for the crash, and that he or she ought to offer you full compensation. Therefore, the collection of these individuals should deliberate on the one to reimburse the compensation.

Your liberty to collect compensation from any of the offenders is advantageous for a couple of reasons:

1. If perhaps there are two offenders and only one is insured, you can make your claim against the uninsured, so you get the full amount.

2. If both are insured, you only have to file a claim against one, unlike in the past, when the injured had to undergo the bureaucratic process of following up the two claims.

Ways to Avoid Denial of a Claim

Hardly does one know if the other drive will deny legal liability after an accident. It is why an Injury Attorney will advise you that; if you’ve suffered minor injuries, get out of your car, take photos of the scene, and find as many witnesses as possible. That ensures investigations play to your advantage.

Photos are important, for you don’t know whose mind will whim when they are at fault for causing an accident. Afterward, contact a personal injury lawyer, so you have your fact legally compiled if the in-fault party denies the offense.

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