From the offices of Zimmet & Zimmet, car accident law firm in Daytona, comes this article about how the courts determine and how to prove who is at fault in a motor vehicle accident.
In many cases, common sense can determine that a driver, cyclist, or pedestrian acted carelessly, but when you are seeking compensation and up against opposition, such as an insurance company or the other driver’s attorney, here are a number of places to look for support.
If the police came to the scene of your accident, they probably made a written accident report and can provide you with a copy upon request.
Sometimes that written report can contain the officer’s opinion that someone violated a specific traffic law thus causing the accident. Other times, the report merely mentions a driver’s negligent behavior, without plainly stating what caused the accident. The report will generally state that the officer issued a citation at the scene of the accident and that can be especially helpful in proving fault.
State Traffic Laws
When you are trying to prove the other driver’s fault, another place to look for support is in the state laws that govern driving—the state’s vehicle code. Sometimes called “The Rules of the Road,” a simplified version of these statutes can usually be found at your local department of motor vehicles office, public libraries, and all law libraries.
In the vehicle code’s index, look for headings that may apply to your accident. For example, there are usually listings for “speed limits,” “right of way,” or “dangerous conditions.” If you find a rule that applies to your case, copy its exact wording and the statute number so that you can refer to it accurately when you negotiate your claim.
There are certain kinds of accidents that are hardly even debated because the other driver is at fault 99% of the time.
- Rear-end collisions
- Left-turn accidents
Though, it is important to note that both of these accident types can include comparative negligence.
For more information or for representation in your car accident claim, click here or call Zimmet and Zimmet today at (386) 255-6400 to speak with an experienced and intelligent Ormond car accident lawyer.