Important Factors Used to Determine Liability After a Car Accident

Car accidents are an incredibly common occurrence nowadays, and even if you’re the most skilled and cautious driver, there’s a high probability you’re going to be involved in one sooner or later. Nobody leaves without injuries after this traumatic event, which can harm both your mind and your body, and determining the factors and the circumstances that caused a road crash is incredibly important once you decide to file a claim. 

It doesn’t matter if you only have minor injuries, someone has to be assigned fault. This is not an easy process and in most cases, the negligent driver will try to do everything that’s in his power to avoid paying damages. His insurance company will also do the same, that’s why you need to hire an accident attorney that can deal with this complex legal process while you recover from your injuries. 

Negligent or Reckless?

To determine who’s at fault after a car accident, it’s important that you understand the difference between negligence and recklessness, as they’re considered differently when legal issues arise. A driver was negligent if he was distracted and committed a mistake that led to a collision. This is also true if he violated traffic laws without realizing it. He’s instead considered reckless if he was driving aggressively while being conscious of his own actions. A reckless driver knows that his actions could eventually cause a wreck, but he doesn’t hesitate and doesn’t change his behavior. 

In the first case, establishing liability is going to be more complicated and a lawyer will be of great help when it’s time to examine evidence, correctly evaluate what happened, and consider statements from witnesses. In the second case, the nature of an aggressive driver’s actions immediately identifies him as the at-fault party, and a lawyer will focus on correctly calculating the worth of your claim and negotiating with the insurance company, as liability is pretty obvious in this case. 

An Accident Report Can Help You

If you contact the police after an accident, and you should, you’ll receive an accident report which contains all the details about the accident, especially how it happened. It’s essential you do so because this report will contain interviews of everyone involved, including witnesses who saw exactly what happened and can allow law enforcement to piece together what led to this event. It can also contain a traffic citation, which can help you prove another driver’s negligence. 

Remember that even if a report states that someone was at fault, it doesn’t automatically mean you’ll win your case and receive compensation for all damages. The process is still complicated, and if you handle it incorrectly, it might take a lot of time before you’re able to receive the money you deserve. That’s why an accident attorney is needed in all cases. 

Statements Are Also Important Factors

Any statements made after the accident, whether on social media, with a coworker, or with pretty much anyone, can be used against you and ruin your claim. Simply saying you’re sorry might imply you’re the one who caused the accident and you’re the one who wants to take the blame. 

Remember to explain everything carefully while avoiding compromising statements to the police and to insurance companies, so you can let your lawyer and the facts speak instead. 

Protect Your Rights

You should never forget to protect your rights for the entire duration of this legal process. The best way to do so will always remain getting in touch with an experienced personal injury lawyer which will fight by your side and will stop you from doing or saying anything that might reduce your claim’s value. Let a professional fight for you, and you’ll be able to cover all the expenses before you even realize it.