In the unfortunate aftermath of a car accident, you may find yourself in a state of shock, unable to comprehend what just happened. Once you come down from the moment, it becomes time to get things in order, and figure out what led this crash to happen.
Beyond personal injury, wondering who is at fault in a car accident becomes of grave concern for a vehicle owner. Fortunately, there are ways to determine who is at fault in a wreck and to look into what an insurance company may take into account when they see the insurance claim.
Negligence Laws
When insurers try to determine who is at fault in a car accident, they’ll take into account state laws regarding negligence. Negligence means a driver failed to exercise care towards others which a reasonable driver or biker would do in the circumstances, or they took action that a reasonable person would not in certain situations. This also includes omission or failure to act, such as running a stop sign or disregarding blind spots and ignoring other motorists.
Negligence laws vary by state and impact how insurance claims are paid out. Many times, a car accident or motorcycle accident may not be solely one person’s fault. An insurance company may actually assign a percentage of blame to each party depending on the details of the wreck.
If a crash report reveals that a driver going over the speed limit rear-ended a vehicle, but that car was suddenly changing lanes, a 60-40 split in responsibility may be determined. This is based on the determination of the claims adjuster, and it can lead to the use of comparative negligence in some spots across the United States.
Traffic Violations
Insurance companies will check for any moving violation or violations of traffic law, as this could hold one driver largely responsible for a resulting car accident. If a driver is issued a citation for speeding, running a light, or another violation, they will take the heaviest burden of an insurance claim from a crash. Detailed accident reports will reveal the merit of a claim, including any possibility of distractions on the road.
To support a claim regarding fault in a car accident or motorcycle accident, drivers should do their best to collect as much evidence as possible. Police reports and insurance claims often find themselves relying on the testimony of eyewitnesses like pedestrians at the scene of the accident. This includes the exchange of insurance information and personal information to figure out the best way forward with an insurance claim. Claims adjusters can also take into account whether a driver was wearing a seat belt or a motorcycle rider was sporting a helmet or proper protective gear.
Legal Intervention
Based on an insurance adjuster’s findings and the outcome of a vehicle accident, drivers may want to pursue legal action from the time of the crash. If you’re in a motorcycle accident and have suffered serious injury, a personal injury attorney may examine your case based on the findings of an accident report to see if you can be compensated for medical treatment.
Personal injury lawyers often recommend that drivers be assessed at the scene by paramedics responding to a car accident. They then suggest later medical evaluation by a primary care physician under your insurance policy or even a trip to the emergency room. Insurers will want full details on a victim’s medical record, especially if there is a lawsuit filed against a driver’s insurance company.
In the event that a personal injury claim is impacting day-to-day life, it could create a need for upgrading your home on a budget. If a spinal cord injury is suffered, homeowners may need to make adjustments for handicap-accessible furniture, plumbing fixtures, and light fixtures that can run up costs. It is important for such motorcycle accident victims to have a consultation with personal injury lawyers to see if a lawsuit is worthwhile.
