A Car Accident Due to Negligence- Know Some Basics

If you have been injured because of the negligence of someone else while driving, you will have to prove in court that the accident took place because another driver did not act responsibly. However, it may not be as easy as it may seem because attorneys of both parties, insurance companies and the judge will look at the facts legally. Proving negligence may be a daunting task if you have not hired a qualified Huntington car accident lawyer. Let’s understand what legal negligence is:

Understanding the basics of negligence

It is the careless conduct of another driver that caused a car accident and hence, the injuries to the driver or plaintiff. A person can be negligent by doing something, which he or she should not have done. Additionally, he failed to do something, which caused the injury to another driver. For instance, he forgot to turn on the lights or give an indicator at the right time. If a person was not reasonable enough to be careful about taking the right steps, he may be considered negligent. In all these scenarios, where the injuries occurred because of the actions of another driver, he should pay for the expenses incurred on injuries and damages due to a car accident.

Establishing the liability

Negligence plays a vital part when it comes to paying expenses. He may deny all the charges and become ready to fight in court. If you want to obtain compensation, you should prove the below-mentioned evidence at the time of claiming the compensation:

  • That the driver was not careful enough at the time of driving and hence, the accident occurred.
  • The CCTV footage, videos of photos can show that he did not act the way he was supposed to
  • Due to the defendant’s conduct, the plaintiff suffered injuries.
  • The plaintiff has suffered measurable losses such as injuries, car damages, loss of income and ability to work. However, if losses are not significant, he or she will not be able to recover any compensation.

Interact with the insurer of another driver

If another party was at fault at the time of driving, you might want to get n touch with his insurer if your injuries are major and damages are more than expected. In this case, your attorney will play a vital role because he can negotiate with the adjuster in a better way.  Moreover, your lawyer should possess great communication skills if you want to get the maximum compensation.

Evidence of liability

No one wants to take responsibility for the car accident. Moreover, you should never accept that you were at fault while driving your car. A good lawyer will collect the evidence so that the liability of another party can be established. In some cases, he also goes back to the accident scene so that he can collect more proof other than videos and photos.  This is because, he wants to ensure that no stone is unturned and takes note of everything.

Negotiating with the defendant

Another party may refuse to pay compensation or even deny all the charges. In such a case, the situation may get worse if you talk to them. On the other hand, if your attorney talks to him, he will do it in a legal manner. Moreover, if you have an attorney on your side, the defendant’s attorney will make the right offer. Since your attorney knows the worth of the claim, he can help you decide.

Car accident laws

The car accident laws may be different from one state to another. An attorney is well-informed of these laws and prepares your case based on these regulations. You will have a good chance of winning the case with a talented auto accident lawyer.

A car accident case should be handled properly so that you can get financial aid for injuries and damages. 

After being injured

The clock starts to move as soon as you get injured in a car accident. You will have to look after medical expenses right after the accident. There is no other way to deal with this situation than to hire an attorney. He has the expertise and skills to handle these complex cases and is aware of the behavior of insurance companies. If you hire an attorney right from the start, you will have a good chance of winning the case.

If you are not sure who was at fault

An accident can happen due to the negligence of someone else or the mistake of both drivers. If both parties deny charges, you must hire an attorney. This is because; he has enough experience to establish the liability by looking at the facts of the case. If you don’t hire an attorney, you might end up getting blamed for the accident.

You disagree with the police report

Even if you have called the police after the car crash, you might disagree with what they have written in the report. If this is the case, you should contact an attorney so that he can interact with officials in a legal manner instead of getting into intense arguments. This way, you are likely to resolve your matter in a better way. 

You are getting confusing responses from insurance companies

If insurance companies are not responding to your queries or claims, you can get an answer through a lawyer. He can interact with them on your behalf. In various cases, you might get confusing responses from them. An attorney ensures that they give you a valid reason to refuse or lower the claim. He knows the tactics to be used to get the maximum compensation from these companies.

What an attorney can do to establish the liability?

Negligence is a complex topic and everyone involved in a car accident will deny the charges. Here, the attorney of the plaintiff looks at the evidence such as photos of the accident and talks to the police and witnesses. After gathering all details, he can visit the accident place and establishes the liability based on these facts.