Liability Determination in Car Accidents: Who is at Fault?

At one time or another, most people will be involved in some type of auto accident. In the unfortunate circumstance that you are involved in a car accident, there are some very important steps to do immediately following the accident. To ensure that you are covered and justly compensated, you will need to keep track of the facts, the people involved, and the paperwork.

One should gather all the evidence and facts at the accident site, obtain the names and contact details of all the witnesses (not to mention the party at fault), and take pictures of the incident immediately following the car accident. Such information will help you in negotiating your claim with the insurance company and most likely increase the value of the settlement you are able to receive.

All of the procedures above are helpful in determining who is ultimately at fault. Fault is one of the biggest, if not the most critical element, in any auto insurance claim. The person at fault is the one whose negligence caused the accident, including possible injuries sustained and property damage. It is the party at fault who must pay for the damages.

The legal rules of negligence apply in the same way for accidents that happen in parking lots and on public highways. Negligence is one of the most important concepts in law as it becomes the ground by which all personal injury lawsuits are filed. If you have been involved in a car accident, it is best to consult an Oakland accident lawyer to seek information whether you have a strong case going.

After the accident, it is usually the job of an insurance adjuster to determine where the fault (absolute or relative) lies depending on the circumstances surrounding the accident. This is where an experienced Oakland auto accident lawyer may come in. You have the option to have a legal representative in negotiating with car insurance companies. The lawyer typically has skill in assessing the accident and advocates for the lowest possible relative liability on your part (assuming of course that the accident was not entirely the other party’s fault).

Regardless of where the accident happened, most states will most likely require you to make a written account of the incident when more than minimal damage has been inflicted. If you have been in a car accident and are afraid you might be at fault, or if you are the aggrieved party, you might want to consult an Oakland auto accident lawyer to discuss your options.