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  • Proving Fault In An Auto Accident Personal Injury Case

    Proving Fault In An Auto Accident Personal Injury Case

    If you have been injured in an auto accident, you might be required to prove you were not at fault in order to receive compensation for your injuries.

    There are a few situations in which the other driver will almost always be considered at fault―such rear-end collisions and accidents involving a left turn―there are many others for which proving fault might be more difficult.

    Below are some suggestions to help you prove who was at fault―and defend yourself in the meantime―for an auto accident resulting in a personal injury case.

    1) Obtain a Police Report

    It is imperative that you call the police from the scene of the accident, and later obtain a copy of the official police report. Often times, the police report will include the opinion of the police officer regarding who was at fault, in addition to several details able to support or disprove this opinion.

    2) Consult Your State Laws

    You can also consult your state laws for supporting evidence of another driver’s negligence. Pay particular attention to liability laws dealing with at fault car accidents.

    Make a copy of these laws and be prepared to submit them―along with the police report―to your insurance company or personal injury attorney.

    3) Hire a Personal Injury Attorney

    It's possible to prove fault and negotiate a settlement with the insurance company on your own, but hiring a personal injury attorney will increase your chances of receiving fair compensation. Not only do people with personal injury attorneys typically receive higher settlement offers than those without, only a personal injury attorney can dispute auto claims in a court of law.

    Ask for Referrals

    Because some of the best personal injury professionals do very little advertising, the best way to find a personal injury attorney is to ask for referrals from friends and colleagues. If you know someone else who was injured in an auto accident, go to that person first. If not, simply ask around for recommended personal injury lawyers.

    You can also use a referral service, such as the services offered by state bar associations. However, if you use a referral service, be sure to inquire about the service’s screening process for attorney listings. Some services only list attorneys with certain qualifications and levels of expertise, but many other services will list any licensed attorney in the state.