It is important to prove fault or “negligence” when pursuing an injury claim. The term negligence means that a person was careless or thoughtless in action and, as a result, caused another person injury or harm. Someone can be negligent by either:
- doing something that he or she should not have done, i.e. speeding
- not doing doing that he or she should have done, i.e. failing to stop at a light
In order to prove a claim of negligence in a personal injury case, the more support you have showing that the other party was in fact negligent can help you in giving your claim support. For instance:
- Police reports – Get a copy of the report made by the officer who arrived at the scene of the incident. Any mention of citations given to the other driving, the other driving violating the law in any way or driving negligently can go along way in proving your claim.
- Traffic laws – Look for rules governing driving in your state’s codes either online or at your public library. In Georgia, you can refer to the Georgia Department of Public Safety‘s Website. Write the down the law as it applies to your accident along with the statute number so you can refer to it when negotiating your claim with the insurance company.
Additionally, in certain situations, drivers are often responsible in most cases. This is referred to as “No-Doubt Liablity” and include accidents involving:
- Rear-end collisions – Usually, if you are hit from behind, regardless of why you stopped your vehicle, it is the fault of the other driving for not driving at a safe distance to enable safe stopping. Keep in mind, however, there are situations, in which your own carelessness can lessen the amount of compensation you receive in this type of action. This is referred to as “comparative negligence.” For example, you neglected to repair broken brake lights.
- Left-turn wrecks – Most always, if a left turner collides with a car coming straight from the other direction, the left-turner is liable for the wreck. There are some exceptions to this, however.
Ty Wilson is an Atlanta car crash lawyer | Savannah car wreck lawyer who has written articles, reports, and books that he offers free of charge in the spirit of education. Visit his library to read his many articles relating to personal injury and workers compensation and order his free books online or by calling 1-866-937-5454. If you or a family member has been injured and you would like to speak to an attorney, give Ty a call at 1-866-937-5454.