When deciding who is at fault with any type of accident, it really is a matter of figuring out who was negligent. In many accidents, it can be fairly easy to decide whether a cyclist, driver, or pedestrian was acting carelessly, however, it can be more difficult to know what rules or laws they were violating. When speaking with your insurance company, your argument that the other person was at fault for the accident can be reinforced by finding official support for your opinion. If you have been in an accident and need help proving your case that you were not at fault, you may want to contact an attorney. Our team of personal injury lawyers have years of experience in handling car accidents and helping our clients show the court and insurance companies what really happened. Contact an experienced car accident lawyer Lakeland, FL relies on if you need professional legal advice to ensure that you are establishing proper fault in a car accident.
At the time of your accident, a police office probably came to the scene. Depending on the severity of the accident and if any injuries were reported, they more than likely created a written accident report. To retrieve a copy, you can speak with the traffic department of the local law enforcement agency. In some police reports, the officer has put their opinion on someone violating a traffic law which caused the accident. In other reports, they might just briefly touch on careless behavior, without stating what the violation was that caused the accident.
State Traffic Laws
By using state driving laws, you can find support to your argument of the other driver being the cause of the accident. These are known as the “Vehicle Code” and are contained in each state’s statutes. A simpler version of these laws are also often found at the local Department of Motor Vehicles office. When searching through these laws, look through the index to find listings that could apply to what happened in your accident.
There are some types of accidents in which the other driver is at fault almost every single time and insurance companies barely even bother to argue with it.
- Rear-End Collisions: If you are hit from behind, it’s almost impossible for it to be your fault, no matter the reason that you stopped. One of the simplest rules of the road states that a vehicle must be able to stop safely if traffic in front of it is stopped. The other clear depiction of the rear-end accident is the vehicle’s damage shows exactly what happened. If one person’s car’s front end is smashed and the other person’s car’s rear end is damaged, there is not much argument over which car hit the other. It is possible for the at-fault driver to have a claim against whoever caused you to stop quickly or if a third car pushed their car into yours, however, that does not change their responsibility for your injuries or any damages to your car.
- Left-Turn Accidents: If a car is making a left turn and collides with a car going straight in the other direction, the car making the left is almost always responsible. Unless the car going straight was speeding or ran a red light, it is a very cut-and-dry case. Similarly to a rear-end collision, how the damages are displayed on the cars will make it difficult for the at-fault driver to argue the accident happened in any other way.
Thank you to the Dave & Philpot P.L for providing insight on proving fault in a car accident.