Car Accident Attorney in Long Beach
Determining Liability in a Car Accident
To be compensated for your damages in an accident, you must prove that
the other driver was at fault. In California, drivers can get reparations
for an amount that equals whatever the other driver was responsible for
in the accident. For example, if the other driver was determined to be
50% at fault, then you can recover up to 50% of your damages. Those who
have been in a car accident should speak to a Long Beach personal injury
lawyer from the Overett Group. We may be able to help you prove that the
other driver was liable for your damages.
How does the insurance company decide who is at-fault?
Though police officers may make official reports at the scene of the
car accident, they do not determine liability. It is actually the insurance companies
that determine who was at-fault. To investigate who should pay for the
damages, they will be looking at the driver's "duty of care."
This is the responsibility of every driver to follow the rules of the
road and to avoid being negligent. In other words, it is "lookout,
avoidance, and following the rules of the road."
Lookout refers to a driver paying attention for any possible danger. Drivers
should not become distracted with things like conversation, cellular devices,
or eating, but should be focused on the task of driving. Avoidance means
that a driver should try and make every attempt to evade an impending
accident. A driver that is prepared may be able to reduce the impact or
avoid the accident altogether. Lastly, the driver has a responsibility
to follow the rules of the road that are put forth by the government.
A driver should know road laws, as well as keep in step with following
all traffic signs, such as speed limits, stop signs, and others. Drivers
who fail to do the above may be held accountable for the accident.
The insurance companies will take police reports, witness' statements,
and your personal testimony into consideration when trying to determine
who was at fault for the accident. They will try to discover if anyone
has breached the duties of a driver and to what extent they did so.
The insurance adjuster that is investigating your claim must show causation,
which is the connection between the damages that were incurred and the
duty that was not met. They might see if there were any circumstances
that could have added to the accident such as bad weather, or any illegal
action on the part of the other driver. The last thing that an insurance
company will determine is the amount of damages that is owed, whether
it is property damages or bodily injury. These must be related to the
car accident in order to receive compensation.
What should I do next?
Insurance companies might wrongly determine that you were at-fault, or
they might fail to give you all the compensation you deserve. In this
case, it is vital that you talk to a Long Beach car accident lawyer at
our firm. You should make sure to talk to our team before you give any
sort of statement to anyone but the police at the scene. We can help you
draft a statement so that the insurance company does not use any of your
words against you.
Trust us to handle everything regarding your car accident case, because
we have a
perfect success rate in our decade of practice. We are committed to making sure that this is a smooth process for you,
so that you can focus on dealing with any emotional and physical pain
you may be experiencing.
Contact us for your free consultation before it's too late!