subject: What Do You Need To Prove Liability In Car Accidents? [print this page] Car accidents are a common occurrence on American roads. There are many factors that can result in car accidents but human errors account for a large proportion of accidents. When an accident happens, the need for compensation arises because accidents cause damage to vehicles, personal injuries, and even death.
In the US drivers are required to have some form of insurance cover so that in case they are involved in an accident and are required to compensate other people they will be able to do so. Getting compensation is however rarely straightforward because the concerned insurance companies will try as much as possible to avoid settling such claims. If you are therefore involved in a car accident and you believe the other driver is at fault you are going to need a Plano car accident attorney to help you get compensated. What will you and your attorney need to prove so as to justify that the other motorist was responsible for the accident?
Police records come in handy when trying to show liability. The police must be called to accident sites where injuries and/or deaths have occurred. In instances where there are no personal injuries the police can still be called if the parties involved are in strong disagreement. Alternatively, the drivers involved can make reports at the nearest police station. All in all, police records provide a strong base from which to argue your case and especially if the police were present at the scene. The police report will include details that can assist in reconstructing the accident. Details such as the length of skid marks on the road can indicate the intensity of braking prior to the accident.
Your Plano car accident attorney will use the state's traffic rules to argue in your favor if it can be shown that the other driver's breach of a particular rule resulted in the accident. For instance, many traffic codes prescribe a minimum distance that a driver must maintain between his/her car and the one ahead. If the driver behind you is following too closely and you are forced to brake abruptly, chances are that he or she will rear-end your car. This driver's insurer is likely to blame you for stopping too abruptly but your Plano car accident attorney will point out that the law requires a certain distance between vehicles to prevent such rear-ending.
In some types of accidents there is really no controversy about who is at fault. A good example is the rear-ending mentioned above. In almost all such accidents no fault can be attributed to you if someone else hits your car from behind. However, the guilty driver's insurer will dig for probable reasons to prove why you should share responsibility. For example, they can argue that your brake lights weren't functioning properly and so their client couldn't promptly realize that you were braking. Such back and forth arguments can delay compensation and your Plano car accident attorney may have to threaten litigation to spur the insurance company into settling.
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