How to Handle Motor Vehicle Accident Cases
In the initial investigative stages of the handling of an automobile claim, the basic facts of liability should be established as conclusively as possible by reviewing police reports and interviewing the investigating officer and witnesses. In addition, physical evidence should be preserved by storage, and the scene should be photographed from all angles. The degree of investigative activity should be commensurate with the complexity of the liability issue, but one should never assume that there is no liability issue until the occurrence has been thoroughly investigated. For instance, when a motor vehicle collision occurs there has usually been a violation of some traffic regulation by one of the drivers, but it should not be assumed that a finding of negligence will follow. In this blog post, we will discuss ways of handling issues that may arise in your motor vehicle accident case.
Determining Liability in Motor Vehicle Accidents
One of the most common type of motor vehicle accident cases, and one that generally will present a clear-cut case of negligence, is a rear-end collision. In some states, when a following vehicle rear-ends a vehicle ahead of it, the driver of the following vehicle is presumed at fault and must prove a lack of fault by establishing that he or she had his or her vehicle under control, closely observed the lead vehicle, and followed at a safe distance under the circumstances. However, even in a rear-end collision case, liability should not be assumed, and it is important to show additional evidence tending to indicate driver negligence whenever possible. In addition to rear-end collisions, there are other types of motor vehicle accidents that will commonly present a clear-cut case of liability. Examples include a collision between a vehicle driven by the plaintiff with one driven by the defendant that occurs on the plaintiff’s side of the highway, a left-turning motorist who collides with an oncoming vehicle, and a collision where the defendant drives through a red light. Conversely, there are other types of motor vehicle accidents that will frequently not involve any negligence. For example, some courts have held that that negligence cannot be implied simply from skidding on a wet or slippery road, and to hold the driver liable there must be some antecedent negligence or negligence in the operation of the vehicle such as driving too fast given the condition of the road. In fact, certain types of motor vehicle accidents frequently present tricky questions of negligence and liability. Accidents that occur at intersections are one such type of accident in which negligence is often disputed. Given the high degree of vigilance drivers must have when approaching intersections, most of the time both drivers will be negligent to some degree. In most motor vehicle accident cases, the pertinent negligence, for purposes of establishing liability, will of course be that of the driver in operating the vehicle. However, issues of negligence frequently arise in other situations. For example, owner negligence may be at issue in certain cases, such as where the owner is sought to be held liable for his or her negligence in entrusting the vehicle to an incompetent driver or where an accident is caused by the failure to adequately maintain the vehicle or its safety features. In the latter situation, liability on the part of a mechanic who serviced the vehicle may arise under certain circumstances, such as where the vehicle’s brakes failed shortly after they were repaired.
Contact a Car Accident Lawyer Today!
If car accident claims are new to you, there is tons of information you will want to know about car accident claims before you jump in and file a personal injury lawsuit or file a car accident claim. Even if you are one of the lucky people who have not been involved in a motor vehicle accident, you might still have some questions about the ins and outs of motor vehicle accident claims. Dealing with an insurance company on your own or filing a lawsuit without an attorney can be a scary proposition. Our firm believes that the top priority for our clients should be recovering from their injury to return to their normal everyday lives. That is why we offer our legal services with no money down and no fees unless we are successful in recovering compensation in your case. Our attorneys are ready to provide proven legal representation and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case consultation!
We serve clients throughout Florida including those in the following areas:
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.
