If you were injured in an auto accident, you may be able to recover compensation through an insurance claim or personal injury lawsuit. To have a valid claim, it’s necessary to prove that the other driver was negligent. On the road, every driver has a duty to exercise reasonable care when they’re behind the wheel. Drivers who drive in an unsafe manner or drivers who violate traffic safety laws may have breached this duty. If you’ve never been involved in a motor vehicle accident, then you may not know how to determine fault in an accident, or what steps you must take to protect your rights. In many cases, a successful claim will depend on the skills and legal knowledge of a capable personal injury lawyer.

How to Determine Fault in an Accident?

Every motorist in the state has a legal duty to exercise reasonable care to avoid injuring others. This means that a driver must obey traffic laws, be aware of road conditions, and drive in a reasonable and safe manner. Additionally, every driver is required to stop and check and see if anyone has been injured after a collision. If someone was killed or injured, the driver must stop immediately to exchange information and provide reasonable assistance. 

The Elements of Negligence 

A valid auto accident claim requires demonstrating the following elements of negligence:

• The driver had a duty to operate their vehicle in a safe manner
• The driver breached their duty 
• The actions of the driver resulted in an auto accident 
• The accident directly caused monetary losses or injuries 

Investigating the Accident 

Unfortunately, proving that the other motorist was negligent can be very complicated. A personal injury attorney will be invaluable in these situations and can provide the legal advice you need during this difficult time. A lawyer can leverage their legal know-how to identify all negligent acts of an at-fault driver. They can also conduct an in-depth investigation, identify and interview witnesses, collect evidence, and work with field experts, such as accident reconstruction professionals, to prove the other driver should be held liable for their negligent actions or inactions. They will also take over communication with the insurance adjuster or defense attorney, allowing you to focus on your recovery. 

Gathering Evidence 

While it may seem obvious to you who’s at fault for the auto accident, there are many items you should gather and provide to your auto accident attorney to analyze. A complicated accident, such as a multiple automobile accident, can become very complex to investigate. 

Obtain a Copy of Your Accident Report

In a vehicle accident lawsuit or insurance claim, one of the most important items will be the traffic accident report. If a law enforcement agency responds to the scene of the accident, they will prepare a formal accident report and include the facts of the collision, in addition to their own observations. They will report on many things, including the time of day, all parties involved, witness accounts, what the parties of the accident said, a description of the accident scene, accident location, extent of vehicle damage and location of vehicle damage, other property damage, personal injuries, and more.

The report will also include who they believe was the negligent driver, the events that led up to the accident, and whether the negligent driver committed a traffic violation and received a traffic citation. An experienced car accident lawyer will know how to use this valuable report to build a strong case. 

Do Your Own Research

When conducting your own research, reviewing the vehicle code, or state traffic laws can be very helpful. If you decide to hire an experienced car accident attorney to handle your case, they can do this for you. 

Identifying the Liable Party 

There are many instances in which liability is usually determined in one party’s favor over the others. This includes left-turn collisions, rear-end accidents, and drunk driving accidents. 

In automobile accidents that involve a left turn collision, fault often lies with the driver who was making the left turn. In most instances, the vehicle that is heading straight in an intersection will have the right of way. Of course, the responsibility changes if the vehicle going straight failed to follow traffic laws, such as running a red light. Your attorney can determine liability in an auto accident and can build a case based on the evidence they gather, including documentation from the responding police officer, your medical records, video footage, photos of the accident scene, and assistance from industry experts. 

Monetary Damages

In a car accident, if you were injured or your vehicle was damaged, due to the negligent actions of the other driver, you have a right to pursue compensation to cover the cost of economic and non-economic damages, such as:

• Medical bills and ongoing medical expenses such as physical therapy
• Lost wages
• Vehicle damage, cost of repairs 
• Pain and suffering
• Emotional distress

And more. 

Negotiating with Auto Insurance Company Representatives 

Auto accident claims are often resolved through an intricate and detailed negotiation process with an insurance company adjuster. Insurance company investigators will also look into your accident to minimize payout or avoid paying out the compensation you deserve. Most insurance carriers put profits ahead of accident victims and will attempt to settle a claim for as little money as possible. If an insurance company is unwilling to pay a fair settlement, an experienced auto accident attorney will be fully prepared to litigate the case in court. 

Contact an Experienced Auto Accident Attorney as Soon as Possible

If you don’t have much legal experience, working with a personal injury lawyer will give your case the best chance of success. An accident injury lawyer will have the skills, experience, and resources to thoroughly investigate your accident, gather vital evidence and work with experts to build a case that can prove the other driver should be held liable for damages.