A personal injury case can be brought forward when one person causes another person’s injuries. In these cases, the injured person must prove one crucial thing: the other person’s fault. Without this evidence, a personal injury case has no grounds for obtaining compensation from the negligent person’s insurance. To help clear the air, here are the most common questions about fault in a personal injury case that a Fredericksburg, VA car accident lawyer like one from MartinWren, P.C. can answer.
1. What Is Fault?
Fault indicates that someone caused an accident that resulted in your injury. In a car accident, the driver who wasn’t paying attention or was being reckless and ran into someone else can be held liable. That lack of safety for others on the road is considered negligence, which is the driving point of fault in a personal injury case. You must prove that person’s negligence to get compensated.
2. How Do You Prove Fault?
Proving fault can be easy or difficult depending on the situation. If you were stopped at a red light and the person behind you rear-ended your vehicle, fault is pretty clear. You weren’t moving at all, and they obviously weren’t paying attention. In other situations, fault may be less obvious. You can prove your case by giving your statement to police, taking pictures of the accident, getting copies of the doctor’s report and police report, and speaking to any witnesses who saw what happened.
3. What if You Cannot Prove Someone’s Negligence?
You may hit a roadblock if you cannot firmly prove the other person was negligent and that their careless actions caused your injury. If this happens, you may have no choice but to file a claim with your own insurance. You may also choose to fight harder, and this can lead to a trial case, which may or may not be a good route to take. Consider hiring a lawyer if you can’t seem to get anywhere with your claim.
4. What if You Are Partially at Fault?
There are several options if you are partially at fault for the accident. Depending on what state you live in, you may still be able to seek compensation from the other person. Some states allow you to file a claim if you were less than 50% at fault, or they may allow you to obtain the compensation relative to the percent that you were liable for the accident. Others may bar you from compensation completely.
If you have trouble constructing a solid case against the other party, talk to a lawyer. They understand your state laws and can tell you what evidence to collect to receive compensation.