If you get involved in a car accident, you have to follow a few steps to determine whether you receive compensation to recover the financial losses associated with medical bills, property damages, and possibly lost wages. The first thing to do involves calling 911 to activate the emergency response system. Next, you should receive prompt treatment for your injuries. The longer you wait to receive medical care after a car accident, the more likely the insurance company you have to process a claim with might consider your injuries not serious enough to warrant compensation.
The third item on your to-do list after a vehicle collision is to contact an experienced car accident lawyer to help you determine whether another party should assume fault for causing the auto crash.
How Does My Car Accident Lawyer Help Me Resolve a Fault Dispute?
The most contentious issue between all parties involved in a car accident concerns determining which party or parties should assume fault for causing the collision. A car accident attorney helps you resolve a fault dispute in the following ways.
Interacts with the Insurance Company
Insurance companies love dealing with policyholders that do not retain legal counsel when filing a claim. If you do not hire an experienced car accident lawyer to help you file a persuasive insurance claim, the insurance company might deny a valid claim or approve a claim for a value that is far below the compensation that you deserve. Working with a car accident attorney ensures the insurance company does not falsely accuse you of causing the auto crash.
Your lawyer also monitors your claim to ensure it receives the prompt attention that it deserves.
Gather Physical Evidence
The law enforcement personnel responding to the car accident conduct an investigation that leads to the filing of the official police report. Inside the police report, your attorney should find information that describes what caused the accident, as well as a determination as to which party, if any, should assume legal liability for committing one or more acts of negligence. Your car accident attorney also conducts a thorough separate investigation to uncover more physical evidence. One of the most trusted types of physical evidence is the footage captured by a nearby traffic and/or security camera.
Interview Witnesses
Witness accounts alone do not provide enough evidence to determine which party should assume fault for causing a motor vehicle collision. However, witness statements provide legal support for what happened before, during, and after the auto crash. Your car accident attorney needs to interview witnesses as close to the date of the vehicle collision as possible to receive the most accurate accounts.
What Are the Four Elements of Proving Negligence?
A car accident attorney resolves a fault dispute by proving the presence of the four elements of negligence. First, your lawyer must establish the other party owed you a duty of care to protect you against sustaining injuries. Second, you must demonstrate the other party breached the duty of care doctrine by committing one or more acts of negligence. Third, the car accident must have caused your injuries and finally, your injuries generated financial losses.
