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Proving Fault In A Car Accident

Posted by Bautista Leroy | Jul 18, 2017 | 0 Comments

proving fault in a car accident

If you are searching for ‘proving fault in a car accident' then Bautista LeRoy is committed to guiding you. Since the 1990s, our attorneys have dedicated themselves to serving injury victims throughout the Kansas City Metro Area. At our firm, we believe extensive experience makes for stronger representation. We specialize in personal injury law cases such as car, truck, train and motorcycle collisions as well as nursing home neglect/abuse.


This article explains what fault is, why it must be established and how to prove it after an accident.


What Is Fault?

Fault can simply be defined as responsibility. In car accidents, this would include anyone whose actions led to the collision. At the core of any personal injury claim lies establishing who was at fault. Insurers will rarely cover damages without being able to prove negligence first.

Assigning blame can be challenging when multiple parties are accountable, with some states employing comparative negligence laws, which divide fault on a percentage basis. Other jurisdictions use contributory negligence statutes, which prevent recovery even for minimal amounts of negligence.


Why Is Determining Fault Important Following A Car Accident?

Proving fault involves more than simply assigning blame. Rather, it protects your right to financial compensation. Insurance companies and courts require details regarding who caused an accident to determine who should cover medical costs, vehicle repairs, lost income and pain and suffering compensation.

Your claim could be denied or reduced without sufficient proof. Fault determines liability, which then determines your chances of recovering damages - this process plays an essential part in upholding justice.


How Can You Establish Who Was At Fault In A Car Accident?

To establish fault, evidence must be gathered and presented. Below are a few ways you can do just that:

  • Police Reports
  • Witness Statements
  • Photographs and Videos
  • Medical Records
  • Traffic Cameras or Dashcams
  • Expert Analysis


Why Is Hiring A Personal Injury Attorney Beneficial?

Navigating through fault and insurance claims can be challenging. That is why an experienced personal injury attorney can offer invaluable help:

  • Knowledge and expertise
  • Negotiation skills
  • Legal protection
  • Maximizing compensation


When Should An Attorney Be Hired?

After an accident, contact a personal injury attorney as soon as possible to protect your rights, preserve evidence and meet deadlines. Attorneys can be invaluable allies when faced with complex liability matters, injuries and uncooperative insurers.

If an adjuster attempts to pressure you into accepting an immediate settlement offer or if there is any question as to who was at fault, legal advice must be sought immediately. Prolonging a personal injury claim could prove costly, as some states impose statutes of limitation for such claims.


What Are the Criteria for Finding a Good Attorney?

  • Specialization: Hire a personal injury attorney who understands fault, liability and insurance strategies.
  • Track Record: Verify that the attorney has an impressive track record in winning settlements and verdicts.
  • Communication: Choose an attorney who can explain the process clearly and keep you updated at every turn.


Why Choose Bautista LeRoy LLC

At Bautista LeRoy Law Firm, our primary goal is to serve our client's best interests when it comes to personal injury litigation. Our attorneys have represented numerous car accident cases to achieve compensation for medical costs, lost income and emotional trauma.

We strive to offer clear communication and personalized service. Beyond the court, our legal experts stand beside their clients as they work towards recovery while protecting their rights.


Suggested Action Steps

  • Dial 911 so emergency personnel and police officers can accurately document the accident.
  • Document the accident, including damage to vehicles, traffic signs and injuries.
  • Get witness contact as their accounts can provide objective proof for your version of events.
  • Get medical assistance. An injury evaluation will assess the accident's impact on you.
  • Consult a personal injury attorney in order to uphold and protect your legal rights.
  • Do not give recorded statements directly to insurance companies without first consulting an attorney.

After being involved in a car accident, to collect compensation, you will need to establish who was at fault and prove liability. Be assured you'll navigate this difficult process more effectively by taking timely actions with assistance from an experienced personal injury attorney. Contact us today at 816-221-0382 or send us an email on our Contact Page. Serving Kansas City, MO and KS as well as surrounding areas of Benton County and St. Louis.

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Bautista LeRoy LLC - Kansas City, MO
3770 Broadway Blvd.
Kansas City, MO 64111
816-221-0382

Bautista LeRoy LLC is located in Missouri, providing representation for Catastrophic Injury Cases, including Elder and Nursing Home Abuse, Defective Products, Trucking and Auto Collisions, Railroad Crossing Litigation, Wrongful Death, and Medical Malpractice. Contact us today to schedule an appointment.

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