Proving Fault in an Auto Accident
As with all other types of accidents, determining who was at fault in an auto accident is simply a matter of establishing who was ‘negligent’ or careless in legalese. In most cases, common sense can help you determine what cyclist, pedestrian or driver acted negligently. However, you may not understand the specific laws that the individual violated.
Keep in mind that your argument to an insurance service provider that someone else was at fault for an accident can be highly strengthened if you find some legal or official support for your inclusion. This is where the services of an experienced Grand Junction auto accident lawyer come in. Here are some of the things you and your attorney need to put together the right pieces of evidence.
If police responded to a call regarding the accident and came to the scene, especially if they knew someone was injured, they must have created an accident report. It is recommended to request the officers to share a copy of the report with you.
Note that a police report may state the officer’s opinion that someone violated specific traffic laws and as a result, an accident occurred. The report may also indicate that the police officer issued a citation. Sometimes, the report might mention just negligent behavior without clearly stating who was at fault for the accident.
No matter how specific the report is, the mentions in a police report regarding the traffic laws violated or negligent driving can always serve as a very supportive piece of evidence when it comes to proving that someone was responsible for an auto accident.
State traffic laws
Another way of getting support for your argument that someone else acted negligently is the state laws and regulations that govern driving. Note that these rules and regulations are contained in the state’s statutes and are also referred to as the ‘Vehicle Code.’ If you don’t know much about these laws, it is in your best interest to consult with a good attorney or let him, or her handle the case on your own behalf.
The ‘no-doubt’ liability
In case you get involved in some specific types of accidents, the other driver was 99 percent responsible, and the insurance company doesn’t bother to argue about the incidence, then, this becomes a no-doubt liability case. Other instances of no-doubt liability include rear-end collisions, left-turn accidents, and more.
If another driver hits your car from behind, it is never your fault no matter why you stopped. According to traffic laws and regulations, you should be able to stop your car safely if the vehicles ahead of you stop. If you can’t, the driver immediately behind you isn’t driving as safely as they should.
On the other hand, a vehicle making a left turn is nearly always responsible for a collision with a vehicle coming straight from the other direction. Note that exceptions to this rule are rare and very challenging to prove. Consult with your attorney in case you are facing any allegations of negligent driving.