When making personal injury claim it is paramount and crucial to prove who was at fault for the accident and/or who was negligent. Insurance companies will try to find ways of escaping liability; hence, to make your case strong, you need proper and suitable proof. Here are important elements that can help you prove who was at fault.
Police Reports
Police may not always arrive at the scene of the accident, but when they do, the police have to make an official report of the accident. Make sure to ask the police how you can acquire a copy of the filed police report. If the police have not shown up at the accident scene, you can report the accident at the nearest police station. After you have filed your report, the police will conduct their own investigations and make a report. You can then obtain a copy of this report.
Police reports will usually contain the recollections and opinions of the police officer investigating the accident. The police officer might mention if any traffic laws were broken, and observations about how the vehicles behaved according to available evidence. There will also be a mention whether the officer issued a traffic ticket at the accident scene. A police report is an integral piece of evidence, and insurance companies will only start acting after they have received the police report.
Compiling Your Own Case
You do not have to wait for them though. You can start to compile your own evidence. If you cannot do this on your own, then you probably need to hire a legal representative to start the legal process. You want to beat the opposing insurance party to the punch.
Violation of Traffic Laws
If the other party has violated any of the traffic laws of the state, then proving fault becomes much easier. The laws are usually given in the Rules of the Road booklet, which is available at your local DMV. Your lawyer can also help you research for right code applicable to your accident.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Taylor King, who opened the firm’s first office in 1994 and has been practicing law for more than 30 years.
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