After a car accident, you might have a good idea that the other driver was at fault for the collision. Fault is typically determined by identifying which party behaved in a negligent, unlawful, or dangerous way, and that this behavior resulted in an accident. If you have been involved in a car accident and believe that your injuries are due to the other driver’s negligent behavior, it is advisable to contact a skilled Matthews personal injury attorney as soon as possible.
Establishing fault can be tricky, especially if accounts of what happened do not line up. For example, the police report might indicate one party is at fault, the insurance companies might find something different, and an attorney could come to their own conclusion. That said, although it can sometimes be difficult to prove fault after a car accident, there are a few situations in which fault is commonly established. These situations include:
A rear-end accident – Imagine you are sitting at a red light, and someone does not notice that you are there. Maybe they are tending to children in the back seat or they are looking at a text that someone just sent them. The result is that they end up rear-ending your car from behind. In this situation, the driver who collided with your car from behind is typically found to be at fault in most cases. The reason for this is that a driver following another vehicle should give proper space, typically a few car lengths to accommodate for sudden stopping or poor weather, and they should be paying attention to the road in front of them. If another driver hits your car when you are stopped at a red light, there was most likely little that you could have done to prevent that from happening.
A violation of traffic laws – When someone runs a red light, fails to stop at a stop sign, turns right on a red arrow, or violates another type of traffic law they will, in most cases, found to be at fault for the car accident that they cause. After an accident, it is important to call the police so that they can arrive at the scene, observe the cause of the accident, and file an official report. Many times, this report will indicate the at-fault party and the traffic laws they violated.
A left-hand turn into another vehicle – If a driver is going straight through an intersection and is hit by a car that is making a left turn, it will typically be assumed that the driver making the left-hand turn did not act with proper caution when entering the intersection. This often will lead to the finding that the driver making the left-hand turn was at fault for causing the accident because they did not give the vehicle driving through the intersection sufficient time and space. There can be exceptions to this situation, especially if the driver going straight through the intersection ran a red light in order to do so.
Of course, there can always be circumstances that negate fault in these situations, and the other driver’s attorney will have the challenging job of trying to prove that, despite these scenarios that are commonly known to establish fault, there were reasons that the other driver was not actually at fault for the accident.
In the event of a car accident, there are a lot of different things that you might have to deal with. Keeping up with doctor appointments, fielding calls from insurance companies, managing a new schedule to accommodate your injury, and dealing with mounting medical bills are just a few of the items that people often find themselves juggling in the aftermath of a car accident. This can become overwhelming for anyone, and finding a way through can seem difficult if you don’t have the right support system in place. Your attorney can help to:
If you have been in a car accident and believe that someone else is at fault for your injuries, it is advisable to call an experienced Matthews car accident attorney as soon as possible. At Biazzo & Panchenko, PLLC, our team of car accident attorneys is focused on obtaining the best results for our clients. We are dedicated to seeking just compensation for those who have been injured in a car accident. Call us today to schedule a free consultation where we will review your case and determine the next best steps. You can reach us at (704) 900-7675 or contact us online.