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How is Liability Determined After a Car Accident?

If you’re lucky, you’ll go through life without ever being involved in a car accident, or only having been involved in an accident that resulted in minor property damage and no physical injury.

If, however, you’ve been involved in an accident that resulted in significant damage – whether to your property or your person – that changes everything. You go from a situation that’s easy to walk away from to one where you need to file a claim for compensation – and in doing so you need to know about how liability is determined after a car accident.

Even though you may be very clear on what happened and who is at fault, that doesn’t mean that it is obvious to all involved, or that everybody will readily agree with your assessment. This is especially true when dealing with an insurance company whose primary interest is not necessarily to do what’s right, as much as it is to do what keeps the maximum amount of money in their own coffers. That’s why having a personal injury attorney who specializes in representing those who have been hurt in car accidents is a smart thing to do. They will take the information about what happened and carefully analyze it to determine whether the accident was a result of the other driver’s negligence, and therefore that you are deserving of compensation.

What is Negligence?

When it comes to a car accident, negligence is more than a word or an accusation. It is a legal term that describes when a driver causes damage and injury to another as a result of their failure to observe and provide a duty of care. If that happens and that failure leads to an accident, the driver is legally responsible.  When an attorney represents you following an accident, they will take a careful look at what happened to determine whether the other driver acted as carefully as they should have, or whether they caused the accident by abandoning their duty of care and acting in a way that unsafe to themselves and others. That can be represented by reckless driving, speeding, failing to pay attention to traffic signals, distracted driving, and more.

If you have been harmed in a car accident and need help proving who was at fault, we can help.

Call us today to set up a time when we can talk about what happened, and what your rights are.