Car accidents can happen to the best of us; it is why they are called accidents to begin with. Understanding the traffic laws of your state and the way they apply to car accidents can help you move through the legal proceedings after an accident more quickly and effectively.
How does one prove liability?
In the event that your car, bike or motorcycle encounters an accident, the first and most important step is to establish which of the parties were negligent and can be held legally responsible. Even if the fact is obvious to all those involved, you must collect concrete evidence to prove it. Insurance companies will require proof when evaluating your insurance claim; courts will also require documentation if your case goes to trial.
The first source you can consult to establish fault is the police report. This document is basically a detailed record of the scene of the accident as narrated by the police officer on duty. Note that police officers may not come to every accident, but if they do, their opinion is the most valuable in the given scenario. Should a police officer approach your accident scene, be sure to ask them how to obtain a copy of the police report. State traffic laws are the next source you can refer to in the event of an accident. If the language of the laws seems confusing, you can consider hiring a lawyer to clarify and evaluate your case better. They can also help you understand who is at fault in the event of a left-turn collision.
There are some accident cases which are indisputable, however. If a car hits you from behind, even if you are stationary, it is not going to be your fault.
Some more car accident basics
If you feel that you need to go to court to establish fault in your
car accident, San Jose allows you to hire a lawyer or legal representative who can help you defend in court. These traffic lawyers specialize in California and county laws, and can provide you with excellent legal counsel.
Another important thing to understand is what qualifies as negligence and you being held responsible in such scenarios. Activities such as speeding, or even improper lane changing, increases your risk of encountering an accident, and also the risk of you being at fault. Similarly, if a driver engages in reckless driving, which can endanger the lives of other motorists and pedestrians; you are going to be held responsible for any damages incurred to the state or private property. It is therefore recommended that you take your driving responsibilities seriously and adhere to the traffic laws.
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