As with all other incidences that give rise to personal injury lawsuits or claims, determining who was at fault in a vehicle accident is all about figuring out who acted negligently or carelessly. In most cases, your common sense will tell that an electric scooter rider, the other driver, or pedestrian wasn’t careful or acted carelessly.
However, you don’t know the specific laws that the accused violated. This is why, according to The Jackson Law Group, you should have an experienced personal injury lawyer if you intend to pursue a personal injury claim. Here is how you and your lawyer can prove fault in a vehicle accident case.
If a car accident happens, police officers or other members of local law enforcement will come to the scene, especially if someone was injured or significant property damage occurred. The officer will make a written accident report. This is the police report, and you should ask the traffic division of the local law enforcement agency to share a copy of that report.
In most cases, the police report indicates the law enforcement officer’s opinion that someone violated specific traffic rules and the violation led to an accident. That means the police report could be an important piece of evidence when it comes to proving that someone was at fault for an accident. Other times, the police report simply mentions reckless driving without specifying the violation that led to a traffic accident.
No matter how specific the police report may be, any mention of a traffic law violation or reckless driving in the police report can be an essential piece of evidence. Combined with other forms of evidence, the police report could help you prove that the defendant was responsible for the vehicle accident that led to your injuries.
The traffic regulations
Another form of supportive evidence for your argument that someone was at fault for a traffic accident is in the state regulations that govern driving. These laws are contained in every state’s statutes and are commonly referred to as the Vehicle Code. Your lawyer will analyze the specific circumstances associated with the event that caused your injuries and determine the specific laws that the defendant violated. This could also support your argument that the accused violated traffic regulations, and as a result, you got injured.
There are also other ways to acquire evidence necessary to prove fault. Be sure to consult with an experienced car accident lawyer who will leave no stone unturned to successfully prove fault.