During motor vehicle accidents, there are two parties: one is the perpetrator, and the other is the victim. In this situation, the insurance company of the perpetrator has to step in and provide the compensation. However, the case could often be more straightforward, and evidence must be collected to determine who is at fault. It would help estimate the damages and injuries the collision covers and determine the compensation amount. Hiring a motor vehicle accident attorney is crucial if you are not at fault. They will protect your legal and medical rights, providing you with a sense of security in a potentially stressful situation.
What criteria determine the fault in a motor vehicle accident?
The criteria that determine whether a motorist is at fault for the accident are:
Traffic violations and rear-end collision,
Failing to obey the traffic signals and rules,
Failing to maintain control of the vehicle (in case of drunk driving, impairment, or distraction,)
Making a left turn without understanding the incoming traffic,
Negligence is involved, which can be comparative or shared, but the degree of fault assigned to the parties will be different based on the circumstances.
How is the fault determined?
There are vital factors that help to determine the fault in motor vehicle accidents:
Police report
Right after the accident, the police should be informed so that they can respond to the accident scene, gather evidence, and prepare an accident report, which includes statements of both parties, witnesses, diagrams, and citations.
Evidence and documentation
Evidence, such as photographs of the accident scene, vehicle damage, a dent mark, medical records, or documentation by accident reconstruction experts, plays a pivotal role in determining fault.
Statement and testimony
Law enforcement officers present at the scene take the statements made by the eyewitnesses, passengers, and drivers.
Traffic regulations
Violation of traffic laws and regulations indicates fault, such as running a red light or speeding.
Comparative negligence
Comparative negligence is a rule where each party involved in the accident has a certain percentage of involvement in the fault based on their accident; even if the fault is partial, they are eligible to recover compensation.
Insurance company investigation
Insurance companies conduct their investigations to determine fault, which includes giving evidence statements, accident reports, etc. However, they have their interests, so it is always advisable to consult with personal injury lawyers San Diego who can negotiate and speak on your behalf.
Legal processing
If the dispute remains about who is at fault, the case will go to court, where the judge or jury will review the evidence and arguments and then determine the fault. In cases of severe accidents resulting in unexpected death, the legal proceedings can become even more complex, potentially involving wrongful death claims in addition to determining fault.
Benefits of Hiring a Motor Vehicle Accident Attorney
You can save your rights in case of a motor vehicle accident,
They have in-depth knowledge and can navigate through complex legal systems. Their expertise in motor vehicle accident cases will give you confidence that a professional is handling your case,
They can conduct a thorough investigation, gather evidence, and present the extent of damages,
They can also help establish fault and liability, relieving you of the burden of negotiating compensation with the insurance companies. They will handle all the legal processing, allowing you to focus on your recovery.
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While there are potential drawbacks, such as legal complexities and time-consuming processes, the benefits of hiring a motor vehicle accident attorney, including protecting your rights, navigating the legal system, conducting thorough investigations, and negotiating with insurance companies, far outweigh the cons.
