When you’re hurt in a car accident, you need to understand who is at fault to know how to proceed with your claim. There’s a fairly basic breakdown in any situation that you can use to see who should be held responsible.
First, if you’re accusing the other person of being at fault, you’ll need to show that the person was reckless or negligent. By acting dangerously, that person is breaching his or her obligation to other road users. Then, you’ll need to show why your injuries are a direct result of those actions. For instance, “if not for person x’s behavior, my vehicle would not have been hit and would not have rolled down the embankment.” You should also be able to show how that person caused you a financial loss. Typically, your medical documents and billing will suffice for this.
In most car accident cases, you’ll be working with an insurance company, so proving who is or is not at fault may not come into play. In most negotiations, all you need to do is to present your recollection of events. If police came to the scene, having their record of events may help you prove that you were not at fault as well.
Most insurance companies want to settle your claim outside court, but that doesn’t mean you have to accept anything they offer. Make sure to consider the offer carefully and to consult with your attorney if you feel it may be unfair. Our website has more information on what to expect after you’re in a collision.