How Do Car Accident Lawyers Determine Liability?
November 25, 2024

How Do Car Accident Lawyers Determine Liability?

Did you know 18,720 people died in car crashes in the first half of 2024, a 3.2% decrease from the first half of 2023, according to the National Highway Traffic Safety Administration (NHTSA)?

A car accident can be a tough experience that impacts people in various ways—emotionally, physically, and financially. It’s even more troubling when the accident stems from someone else's careless behavior. After the accident, many individuals often find themselves asking, What should I do after a car accident?

After a car accident, the first thing is to pull over, check for injuries and call 911 if needed. Call the police for a report. Additionally, exchange information with other drivers, document the scene with photos, notify your insurance company, and seek medical attention. Remember to keep records of all documents, and consider consulting a lawyer for legal advice.

Read on to learn more about how car accident lawyers determine liability.

Car Accident Lawyers

Gathering Evidence

In a car accident case, a lawyer will begin by collecting important evidence to establish who is responsible. This includes taking photographs of the accident scene, noting skid marks, and assessing vehicle damage. Witness statements also play a big role in piecing together what happened leading up to the crash.

Newnan injury lawyer Trammell White says that proving fault will be the primary step in your recovery process after another driver has harmed you. Car accidents can happen due to another driver’s negligence or illegal misconduct. To prove fault, a lawyer can help in gathering evidence. 

A copy of the police report filed at the scene offers valuable insights, allowing your lawyer to thoroughly review it and grasp the initial evaluation of responsibility made by law enforcement.

Medical records play a crucial role in understanding the full impact of injuries experienced by those involved. 

Analyzing Police Reports

When reviewing police reports for car accident cases, a lawyer will pay attention to the details and focus on the officer’s evaluation of who was at fault for the incident. Diagrams or sketches of the accident scene can help you picture how the collision happened.  

In addition to the injuries sustained in the accident, police reports also detail the level of damage to the vehicles involved. This approach will help figure out who is responsible in the car accident situation. 

Interviewing Witnesses

A lawyer will conduct interviews with witnesses by asking specific questions about what they saw, heard, and experienced during the incident. It’s important to ask them to share as many details as they can, especially about the sequence of events that led to the collision. A lawyer will carefully record what they say, paying attention to any differences in their accounts. Make sure to collect contact details from every witness, just in case we need to reach out for more information later.

It is essential to compare what witnesses say with other evidence that is available. A lawyer will also consider the credibility of each witness. Looking at their perspective, how they relate with others involved, and any potential biases they may hold. 

Examining Physical Evidence 

When looking into physical evidence in a car accident case, a lawyer will take the time to thoughtfully examine all the relevant objects and materials discovered at the scene and they will look for factors like road conditions, weather, and visibility that could have contributed to the accident. 

Things like broken glass, pieces of vehicles, or paint marks can offer valuable insights into what happened before the crash. In addition, a lawyer will also analyze any CCTV footage or dashboard recordings that may have captured the accident as it unfolded. Keep in mind that physical evidence can help in reconstructing the accident accurately. 

Applying Relevant Laws

To effectively determine liability in a car accident case, applying relevant laws is important in assessing fault and responsibility. Car accident lawyers rely on traffic laws, regulations, and precedents to establish who's at fault in a collision. These laws outline specific rules for driving behavior, such as speed limits, right-of-way protocols, and traffic signal compliance, which help determine liability. 

A lawyer can identify any violations that may have contributed to the accident by carefully examining how each driver's actions align with these legal standards. When lawyers approach a case, they take into account elements such as negligence, duty of care, and the idea of foreseeable harm in relation to the applicable laws. 

Conclusion

Determining liability in a car accident case is a meticulous process that requires the expertise of a seasoned car accident lawyer. Car accident lawyers determine liability by gathering evidence, analyzing police reports, interviewing witnesses, examining physical evidence, and applying relevant laws. They can figure out who is responsible in a car accident case by thoughtfully examining all the details at hand.

Remember to reach out for legal advice if you find yourself in a car accident. This way, you can make sure your rights are safeguarded and that liability is accurately assessed.

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