How to Prove Fault in a Car Accident in Fort Lauderdale
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Fort Lauderdale AMlaw Personal Injury Attorneys
Alitowski & Moore
707 NE 3rd Avenue Suite 201, Fort Lauderdale, FL 33304, 954-523-6938
How to Prove Fault in a Car Accident in Fort Lauderdale
Proving fault in a car accident case is critical if you want to claim damages from the defendant. The victim must be able to provide sufficient evidence that shows negligence on part of the other party and proves their liability. Even if it may be apparent as to which party was at fault, an insurance company may still expect the victim to provide reasonable evidence and convincing arguments in support of their claim. Fort Lauderdale car accident attorneys can offer professional advice to people who may be involved in such a case.
Obtain a Copy of the Official Police Report
It is usually expected that a police officer will visit the scene of accident, particularly if the accident involves bodily injury. However, even in a non-injury case a police officer may show up at the scene. If the victim or the accompanying passengers are in a reasonably healthy position, they should call the police to request their presence on the spot. However, even if the police do not show up at the scene of accident, the victims or their representatives should report the accident to the local police station. This is pretty rare though, as long as it is not a tiny fender bender without any distinct damage to either vehicle, a police officer will most likely show up to the scene of the accident.
The initial observations of the police officer who visits the accident site or makes initial inquiries from the parties or eyewitnesses will be recorded in the form of a police report. The original position and condition of the cars involved in the accident, any tire marks on the road and/or pavement, and any other initial pieces of evidence may be noted by the police officer. The police officer’s opinions, observations, and recollections may constitute a critical piece of evidence to prove fault in a car accident case. An insurance provider will typically ask for a copy of this report prior to issuing a report of accident liability. Fort Lauderdale car accident attorneys can guide and assist their clients in such critical matters of evidence collection.
Check the Local Vehicle Code
If the victim is unsure about who may be at fault in a car accident, it is a prudent idea to check out the vehicle code or the traffic laws of the state. This can help in determining if the other driver was at fault as per the local laws. The local office of the Department of Motor Vehicles should be contacted for a copy of the Rules of the Road which is a simplified document that contains information about the local traffic laws which can be a source of instrumental driving advice.
Detailed Vehicle Codes may also be found on a few online resources including some online libraries of public law. Online directories make it easy for the reader to search for the relevant information using their built-in search function. Once the victim has a better understanding of the situation as per the local laws, it becomes easier to engage in a constructive negotiation with the insurance company of the other driver. The victim may also consult Fort Lauderdale car accident attorneys for such negotiations and other legal assistance; this is probably the wisest course of action since they are reading the law each and every day.
Accident Involving Rear Ended Collision
One of the common car accidents is a rear end accident. It may be relatively easier for the victim to prove fault in such an accident. If the victim’s vehicle has been hit from behind by another vehicle, in most situations it is not the victim’s fault. Even if the victim happened to apply the brakes suddently to stop the vehicle, it is usually expected that the vehicle behind would maintain a reasonably safe distance to prevent a collision in such an eventuality. If the rear vehicle driver fails to stop in such a situation, there may be a possibility that the driver was driving dangerously close to the victim’s vehicle. This is known in driver's parlance tailgating.
However, to prove fault in such case, it is first important to prove that it was a rear end accident. In a majority of such accidents, the rear end of one car and the front end of another car will have to be scrutinized. It is a fairly clear to determine the necessary amount of evidence to prove that it is a rear end accident case. It is also possible that the rear driver in such a case may claim damages from a third party that caused the rear end collision. However, this eventuality does not change the liability for damages as far as the first victim is concerned. The involved parties should contact Fort Lauderdale car accident attorneys for legal aid in such cases. Furthermore, if you were the at front driver and someone rear ended you, do not admit fault and even if the rear vehicle blames you in any stage of this situation, do not offer any counter attack. Just let the law and lawyers take their course because it is very rare where it is the at front driver's fault.
For questions about this article, please contact:
Alitowski & Moore
707 NE 3rd Avenue Suite 201
Fort Lauderdale FL 33304
954-523-5333
954-523-6938
888-275-2637
888-Ask-Andrew
