Personal injury attorneys play a critical role in establishing fault in car accidents. They utilize their legal expertise, investigative skills, and resources to prove who is responsible for causing the accident. Understanding how these professionals work can be beneficial for anyone involved in a car crash.
The first step an attorney takes after being hired by a victim of a car accident is gathering evidence. This includes police reports, witness statements, photos or videos from the scene, medical records that show injuries and treatment received due to the accident, and any other relevant information that can help establish what happened. The lawyer may also hire expert witnesses like accident reconstruction experts who can provide detailed analysis based on the available evidence.
A crucial part of proving fault is understanding and applying state laws regarding traffic violations and negligence. If it can be shown that one party violated traffic laws leading up to the crash – such as speeding, running red lights or stop signs – this could serve as strong evidence of negligence on their part.
However, even if no explicit law was broken, personal injury attorneys might still establish fault through negligence per se or ordinary negligence principles. Negligence per se occurs when someone violates a statute designed to protect people from harm; if this violation caused an injury then they are considered negligent without needing further proof. Ordinary negligence involves showing that someone failed to exercise reasonable care under the circumstances which resulted in harm.
In some cases where multiple parties may share responsibility for an accident – known as comparative or contributory negligence states – personal injury attorneys must demonstrate how much each party contributed towards causing the incident. This often requires complex negotiations with insurance companies who typically try minimizing their policyholder’s liability.
Moreover, personal injury lawyers use previous court precedents (past rulings) related to similar incidents as references during arguments before judges or juries about their client’s case. These precedents can guide decisions about liability and damages awards.
Finally yet importantly is demonstrating causation i.e., linking defendant’s action or inaction to the plaintiff’s injuries. This often involves using medical evidence and expert testimony to show that the accident directly resulted in the injuries suffered by their client.
In summary, personal injury attorneys prove fault in car accidents through thorough investigation, understanding of traffic laws, application of negligence principles, negotiating with insurance companies, referencing court precedents and establishing causation. Their expertise is invaluable for accident victims seeking justice and compensation for their losses.
Munley Law Personal Injury Attorneys
227 Penn Ave, Scranton, PA 18503
15708654699
