How To Handle Motor Vechicle

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.