A Personal Injury Attorney Can Help Prove Who Was At Fault In Your Accident
Being in an accident is a confusing time. You may not know what caused the accident, and if you have injuries, your mind is more focused on those than worrying about what caused the collision. While it's important to document as many details as you can at the time, you may not be in a position to do so when you're injured. You may have to rely on police reports later and the word of the other driver. Since an at-fault driver may be reluctant to admit guilt, you may have to hire an attorney to settle the matter. Here are some things that might indicate the accident was not your fault.
Driving Under The Influence
If the other driver was impaired, there's a chance he or she was responsible for the accident. You may have to rely on police reports and records of the other driver being arrested for driving under the influence. Driving under the influence covers driving while drunk from alcohol or high from marijuana or other drugs.
Driving While Distracted
Distracted driving has become a huge problem on the roads. People live such busy lives that they eat, groom, and text while driving. Many states have passed laws against distracted driving so drivers keep their minds on the road. You may have noticed the other driver talking on a cellphone or arguing with a passenger right before the accident. There could be evidence of a text message sent right before the crash. If the driver wasn't in control of his or her vehicle and wasn't looking at the road, then that might prove they were at fault in the accident.
Driving Aggressively Or Recklessly
Aggressive driving laws aren't as common as distracted driving laws, but you may still be able to use an instance of driving aggressively or recklessly to prove fault. It might help if you have witnesses to the behavior in the minutes leading to the crash. A police investigation may turn up evidence of speeding or dangerous tailgating that led to the crash. If others stop to offer help after an accident, it's always a good idea to get names and phone numbers so your attorney can contact them for information about what they saw.
Vehicle Malfunction
It's possible the accident wasn't the fault of the other driver or yours. If there was a defect in your vehicle, the fault could possibly belong to the car manufacturer or a repair shop that did work on your car. In that case, your car might be supporting evidence concerning how the accident happened. Rather than suing the other driver, your attorney may decide to sue a car part manufacturer or some other company whose product caused the car to malfunction.
Even if you remember nothing about what happened during the accident due to injuries you received, an attorney can help you figure it out by studying police records and witness reports. The other driver's insurance or your insurance should help pay for your car and medical bills. However, if they won't pay or they won't pay the amount you need, taking your case to a personal injury lawyer could be the best way to get the money you're entitled to so you can pay your medical bills.