Car Accident Lawyer
Sometimes a car accident has a clear cause; there is no denying the at-fault. Unfortunately, many accidents are not so cut and dry. When a collision does not have a clear at-fault party, it can lead to a back and forth between each driver, with neither claiming responsibility — don’t ever claim fault.
The wonderful thing about the legal system is the idea of innocence until proven guilty. Both drivers have a right to contend the other driver’s claims, and each can bring a claim to court, granting the opportunity to prove where the fault lies. Therefore, a driver refusing to accept fault or pointing the finger at you really means nothing without evidence to back up their stance.
Waiting for the Official Word
When you are in a car accident, and the damages are above a presumed amount stipulated by your state, you should call the police to the scene. The officers will take statements from both drivers and collect essential data to create their report and official assessment of the accident, including fault.
Having the official report of the police findings is beneficial and can make arguing your claim easier, but it will not result in definitive compensation, settlement, or verdict. A police report can clarify many aspects of the collision, but it is not hard evidence and cannot speak to the severity of injuries. Additionally, depending on your state’s liability rules, a police report might only be the beginning of your claim.
Liability and State Influence
Some states will allow you to sue an at-fault driver as long as they are at least 51% responsible for the crash. However, a portion of those states will only permit you to sue for the portion of the accident the driver was at fault for; for example, if damages equal $10,000, and the other driver is 51% liable, you can only sue for $5,100.
Other states have no-fault insurance policies, meaning each driver is responsible for their own damages, regardless of who is at fault. Before you file a claim, make sure to review the laws regarding fault and compensation in your state. It helps to consult with a local attorney.
Remember, regardless of who is pointing fingers, the fault is proven with evidence, not speculation. When you are in a car accident, it is crucial to meet with a car accident lawyer, like one from Saavedra Law Firm, PLC to figure out your next steps, including seeking medical attention and investigating the accident.