Car accidents seem to be everywhere and they seem to be a daily event. That said, do you know how to determine fault in a car accident?
The other driver must be at fault if he or she hit you. Well, it’s not always that simple. What you have to understand is that the other driver may deny his or her fault in the accident constantly.Other drivers may apologize for causing the accident. You should realize that this is not so much a social gesture, as it is a way of informally admitting fault.
Make sure that the police document this type of apology. Also, make sure that the police document outright confessions of guilt from the other driver. This can and will be valuable evidence that you can use either in or out of court.If you’re like most people involved in car accidents, you will suffer from soft tissue and back injuries. These can take several months to show up.
If you can prove that the other driver’s negligence caused your accident, it can directly prove that the other driver was at fault even if he or she directly denies that fact.Negligence must be defined since it can take many forms. Generally speaking, it occurs when the driver failed to exercise the same standard of care that a reasonable driver would have in the same situation. Personal Injury Lawyer in Fort Erie will give examples of negligence include:
● Distracted driving
● Texting and driving
● Talking on the phone while driving
● Taking care of pets or children while driving
● Fiddling with the radio
● Adjusting the GPS settings on their mobile devices
● Applying makeup
● Reading
● Eating or drinking
Remember that it’s never easy to prove that the other driver was negligent because establishing negligence is not always clear-cut. You would have a clear case though if your accident was caused by a drunk driver or by a driver who was obviously driving recklessly.
Bad roads
If you’re driving on a bad road, you’re more likely to be hit by another driver. It’s especially true if the other driver was already driving negligently. But you can get into a car accident even if the other driver was not driving negligently.
Defective car parts
You can also be hit by another driver if the other driver is driving a car with defective car parts. It would be hard to establish negligence in this instance. It would also be difficult to sue the car manufacturer.
Establishing Fault is Hard
You need to hire a good personal injury lawyer because you can’t always prove that the other driver was negligent, even if his or her negligence is obvious.