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Frequently Asked Questions About Accident Fault

Frequently Asked Questions About Accident Fault

Have you been in a recent accident and not sure what to do next? It can be challenging to understand what steps to take when you have been hurt in an accident. You may be entitled to compensation, but first you need to determine liability and fault. Here we help navigate you through the frequently asked questions about accident fault and what to do in case of an injury.

What are injury lawsuits based on?

Most injury lawsuits are based on a claim of negligence. This refers to any reckless or careless conduct that creates an unreasonable risk of harm, such as when a driver runs a red light and hits you. As a driver, they had the duty to drive in a careful manner, and due to their careless conduct, an injury was caused to you.

When can you sue and obtain damages?

You’ll need to show that you have suffered an actual loss:

  • Loss of property such as a totaled car
  • Loss of income due to time spent recuperating
  • Loss of future income if you are unable to work as much or in the same field as before the accident
  • Medical expenses for treatment, recovery, and any medication or assistive devices needed in the future as a result of the accident
  • Compensation for pain and suffering

Who else can be sued?

Anyone who has a reasonable connection to the events and who had foreseeability and proximity to the accident. For instance, if you are hurt by a drunk driver, you could sue the bar if the staff could have foreseen the drunk customer driving home. You could also pursue a case against the employer, if a driver operating a company car, or against the city/province, if the accident was caused by potholes in the road.

How do you determine who is at fault?

The insurance company will do a full investigation to determine who was at fault and who is liable for the accident.

How can I help my case?

Take as much detailed information about the accident as possible. This will include filing a report on site that includes the names of all parties involved, the time of day, location, type of incident, injuries caused etc. You’ll also want to obtain as many photos as possible as well as the phone numbers of witnesses that observed the accident. Then see your doctor as soon as possible to document your injuries. Once you have seen a doctor, contact a personal injury lawyer who will help you understand your rights and build a case.

What if I am partially to blame?

A court can determine a percentage of liability depending on each person’s level of fault.

What if I disagree with my insurer’s assessment?

If you disagree with the insurer’s fault assessment, you should contact a legal representative to review your options. You may be able to dispute it and even sue the company over fault determination.

Before you prepare for a lawsuit, make sure to talk to a personal injury lawyer on all your available options. They can help with all the challenging and necessary paperwork, plus they can help you in obtaining the best compensation.