Tips for Proving Liability in a Car Accident
Cincinnati Car Accident Attorneys
After you’ve been involved in a car accident, the first thing your
insurance carrier will need to do is prove who is at fault, or which party
is liable. Proving who is at fault is crucial in determining compensation
benefits. Below are some tips you can use to establish liability in your case.
Liability vs. Negligence
When determining proof of liability in a
car accident, it’s important to distinguish the difference between liability
Liability is the legal responsibility someone has to do something. In this case
that could mean paying damages for an accident where you were found at fault.
Negligence is the failure to take proper care in doing something. While driving a
motor vehicle, drivers are under a duty of care. A
duty of reasonable
care is the legal obligation of any person driving to know that certain actions
should be taken to avoid harming another person.
Examples of reasonable care include:
- Stopping at a red light
- Maintaining speeds under posted speed limits
- Watching the road
- Yielding when necessary (i.e. bicyclists or pedestrians)
- Maintaining vehicle with required repairs
- Maintaining a safe distance behind the vehicle in front
Distracted driving (texting, reading etc.)
If a defendant is determined to have breached the duty of reasonable care,
then they may be found liable for the accident. It is possible that both
drivers can be comparatively negligent. In other words, each party could
hold a percentage of the negligence. If you’ve recently suffered
injury resulting in loss of pay, extensive medical bills, and pain from a recent
car accident, you need to the assistance of an experienced, attorney. Our
Cincinnati car accident lawyers can help you.
Call us now for a
Using Police Reports to Show Liability
The first step most motorists take after being involved in an auto accident,
is to alert the police. If the police were called to your accident scene,
there is likely a police report on file. Police reports can contain some
useful information when trying to prove which driver is at fault. For
example, if one driver was arrested at the scene for operating a vehicle
under the influence of drugs or alcohol, this could be used as solid proof
for who is to blame.
The Police report may also contain detailed information regarding the scene
of the accident such as location of damage done to the involved vehicles,
any skid marks on the road, and possible witness statements.
You can request a copy of the report with the traffic division of the police
Looking to Local Traffic Laws
You could support for your argument by turning to the state traffic laws.
Many state DMV’s have sections on their website where you can download
a copy of the vehicle code or “Rules of the Road.” While reviewing
the manual, look for any chapters or headings that could reference codes
related to your accident. If you were on the highway when your accident
occurred, perhaps search for “highway speed limits.”
“No Doubt” Liability
There are some accidents that insurance carriers consider “no doubt”
liability accidents, meaning, the other driver is most likely at fault.
Some examples of “no doubt” liability include:
Rear End Collisions: Legally, drivers are supposed to leave a safe distance of braking space
between their car and the car ahead. In these types of collisions, the
driver that crashed into the car ahead is almost always held liable. Keep
in mind there are exceptions to this rule. For example if the driver ahead
had not repaired broken tail or brake lights on their car, then they would
be breaching their duty of reasonable care and could be determined at fault.
Left Turn/T-Bone Accidents: In Cincinnati, drivers are required to yield to oncoming traffic. When
drivers are involved in a left-turn or T-bone accident, it is almost always
a failure to yield. For the most part, the damage left by the negligent
driver, determines the cause and fault of the accident.
DUI Accidents: When a motorist is operating a vehicle under the influence and gets into
a crash, the insurance company of the drunk driver cannot reject your
claim. While it is true that you should
always contact the police if you’ve been in a car accident, it is
especially true if you feel you may have been hit by a drunk driver.
Get the Compensation You Deserve
Navigating the complicated vehicle code and insurance policies can be exhausting.
If you or your loved ones have suffered injuries from a recent car accident,
Our Cincinnati personal injury lawyers can help you. The Moore Law Firm
has been practicing law since 1932. With a proven team on your side you
can earn the compensation you deserve.
Call us today at 513.494.6941