Determining Liability in an Auto Accident
Defining Car Accident Law
Determining liability in an accident can be complex, yet it’s vital when discovering who is responsible for covering expenses for any damages and losses. Car accident law is defined as the legal rules that determine who is financially responsible for personal and property damage coverage. This law is almost entirely governed by state law.
Who Determines Liability in an Accident
Insurance companies usually determine who is at fault in a car accident. That’s why it’s very important that neither driver admits fault for an auto accident. The claims adjuster helps determine liability, as well as incidents referred to as no-doubt liability. No-doubt liability is defined as specific types of accidents that are almost always the other driver’s fault. These types of accidents are hard to rebuttal against and are often quick cases. A few examples are rear-end collisions, left-turn collisions, and DUI collisions.
Defining Negligent Behavior
For accidents that are more complex, claims adjusters analyze state laws and evaluate the different forms of negligent behavior. The ability to prove a driver’s negligent behavior plays a huge role in determining who is liable in a collision. The most common types of negligence are comparative negligence, modified comparative negligence, and contributory negligence. Comparative negligence breaks down a driver’s percentage of fault compared to another driver’s percentage of fault. Modified comparative negligence allows drivers to seek financial coverage from the other driver’s insurance based on their percentage of fault. Contributory negligence means a driver is not responsible at all for the collision.
The most common causes of negligent behavior include using a cell phone, eating, applying makeup, speeding, driving under the influence, falling asleep at the wheel, programming a GPS, or conversing with a passenger. Most of these activities may seem minor, but they all redirect a driver’s focus away from the road.
Four Basic Elements of Proving Liability
In every state, injured victims must prove the same four elements following an accident in order to receive compensation for damages. These four elements are duty, breach, causation, and harm. Every driver has a legal duty to drive safely and responsibly on the road. Once an accident occurs, injured victims must prove that the driver in question breached those duties. Next, the injured victim must prove that the breached duties caused physical injuries. Injured victims can prove this with medical reports and receipts. Lastly, injured victims must prove harm in order to receive compensation for any injuries and/or property damage.
Experienced lawyers will work with their clients’ claims adjusters to help determine and prove liability in order for the clients to receive adequate compensation.
At Los Angeles Injury Group, we understand how complex proving liability can be when it comes to car accident cases. We have lawyers with years of experience in helping clients receive winning settlements. We believe our clients should receive compensation for economic and non-economic damages, especially if they are not liable for a collision. We understand how tragic this time can be, which is why we do everything we can to best assist our clients during their time of need. If you, or someone you love, received injuries in a car accident, call (310) 954-7248.