Road Traffic Accidents: Finding Fault And Building Your Case

a busy japanese street

For most people, the road is nothing more than the concrete path where your car drives and lets you get to places. It serves its purpose and does the same for hundreds and thousands of drivers every day. However, once you’ve witnessed, or worse, been in a road traffic accident, it snaps you back into the grim reality that the road can be a scary place.

We’re telling you this because road safety should be every driver’s top priority, and it’s the reason why we follow and obey traffic rules and guidelines in the first place. But, sadly for those who have fallen victim to these accidents, they’re already suffering from the pain and damages dealt. So, today we’ll be learning how to handle the aftermath of vehicular accidents, specifically finding fault and building your case to get fair and just compensation.

Where To Find Fault?

Although insurance companies would have you think that finding fault and liability is a complicated process, there are basic rules behind legal responsibility that revolve around common sense. We all have a responsibility, and in the case of a vehicular accident, it’s your duty of care not to harm others while driving. And because of a breach of duty, this caused the accident and led to injuries known as damages. So, by following these fundamental factors, let’s identify the most common areas of fault:

#1 Negligence

Negligence is defined as the failure to take proper care in doing something, and in our case, it is driving. All drivers must follow a certain standard that ensures the safety of their passengers and everyone else on the road. Anything that can be considered negligent of this duty will make them liable and put them at fault for the accident.

  • Distracted Driving: Despite how dangerous it is to not have full attention on the road in front, many people still persist in using their phones, whether handheld or not, impairing their driving capability. According to the World Health Organization, people who drive while using their phones are four times more likely to get into accidents and observe slower reaction times. Any proof of them using their phone adds to their comparative fault in the case.
  • Breaking Traffic Laws: If the other party ran a red light without stopping or went above the speed limit, this immediately puts the fault on them. Any form of breaking traffic laws is considered reckless, and 100% of the time will receive a fine. And, in this case, the recklessness leads to an accident and caused injuries.

#2 Hard Evidence

Apart from their negligence, preserving hard evidence of the accident is an excellent method of finding who’s at fault and increases the chances of the court favoring your claim. While your injuries are also considered evidence, photos, surveillance tapes, witness reports, and the like are equally important and sometimes necessary.

  • Sustained Vehicle Damage: The damages sustained by your vehicle and the other party’s car can help unfold the events that happened during the accident. Some cars are also equipped with an event data recorder (EDR), which is the black box for cars. All these aspects can help recreate what exactly happened and prove who was at fault.
  • Backed by Police Reports: Police offers are among the first responders to an accident and will typically write down a police report summarizing the events that occurred. This piece of evidence can be crucial to your case because if the defendant admits it was their fault when describing the accident, this can immediately win your case.

people standing on an empty road next to heavy traffic

How to Strengthen Your Claim?

Of course, your personal injury case does not end in finding fault. You must also guarantee that you receive just and fair compensation, something that the insurance company’s adjuster will try to lessen if possible. Our goal is to maximize the settlement amount, and the following are ways to do that:

  • Nature of Injury: Sustained injuries are the cornerstone of a personal injury claim and, depending on how severe, can increase or decrease the settlement amount. Of course, it is a given that people who end up suffering from multiple life-threatening injuries can ask for the maximum settlement amount. However, as a good rule of thumb, we recommend going through rigorous medical examination and all required medical treatment to serve as records for your case.
  • Personal Driving Record: While it may seem nonessential, your personal driving record can help prove that you’re a responsible driver. A clean and long record will indicate that your driving capability can be trusted and suggests you’re cautious. Driving records become more important in two-wheeler cases, as any experienced motorcycle accident lawyer will point out that two-wheelers often receive negative perceptions.

Getting Fair Compensation

Road traffic accidents can lead to serious injuries and irreversible trauma, so it’s only right and just that you seek fair compensation for what happened. Other than following the guidelines mentioned above, we also recommend seeking professional help to strengthen your case further and increase the likelihood of you getting the maximum settlement amount.

Share on facebook
Facebook
Share on google
Google+
Share on twitter
Twitter
Share on linkedin
LinkedIn
Share on pinterest
Pinterest
Scroll to Top