Retaining Proof You Did Not Cause A Vehicular Accident To Occur

If you were involved in a vehicular accident and another driver is blaming you for the incident’s occurrence, you will most likely want to prove them incorrect so you do not become responsible for any of their medical expenses or auto repairs. Proving an accident was not your fault can be a bit difficult without the proper evidence. Here are some steps you can take to help show a court of law you were not at fault while on the roadway in an attempt to have charges against you dropped.

Have The Vehicle Evaluated To Help Prove Your Innocence

Bring your vehicle to an auto body shop to be analyzed before you have repairs made. They may be able to determine at what angle you were struck to help show it was the other driver at fault. Make sure to take several photographs of your vehicle from all angles to back up the claims your repair shop makes. Have the repair shop write a report with their findings for you to bring to your court case to use as evidence. If possible, having the person who evaluates the damage available to make a statement in court would be even better.

Search For Surveillance To Prove You Were Not At Fault

Find out if there are any surveillance cameras in the area where the accident occurred. If the incident happened in a residential or commercial area, there is a chance someone nearby has footage on a camera pointed toward the road. In some areas, there are traffic cameras above roadways that may have information helpful to your case as well. Have your attorney contact the town authorities to have this footage released to be used to help prove you were not responsible for the accident’s occurrence. If you have a GPS in your vehicle, history of your driving path may also be helpful in showing exactly where you were located when the incident occurred.

Gather Witnesses To Speak On Your Behalf

If others on the road saw the accident occur, having them in court to give a synopsis of what they witnessed can be helpful in showing you were not at fault. If you retained photographic evidence on the scene of the accident, you may have some vehicles in the background to help in your search for witnesses. Your attorney will help you track down the owners of these vehicles. Once you find people who were present, ask them beforehand what they saw before asking them to come to court so you only gather people who are willing testify in your behalf.

For more information, work with an experienced lawyer from a firm like True Guarnieri Ayer LLP

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Liability In Car-Pedestrian Accidents: A Brief Guide

If you are a pedestrian, and you have been struck by a car, you undoubtedly have a few questions regarding the legality of the matter. Questions like this: When is the driver liable in such cases? Are there cases where you will be liable? What is “shared fault liability?” Throughout the course of this brief guide, these questions will be answered for you.

When Is The Driver In Such Cases Liable For Damages?

If you are the pedestrian in such a case, you are – legally speaking – in relative luck. In almost every case where an automobile has hit a pedestrian, the law is on the side of the pedestrian. The automobile driver is usually found liable for damages due to the legal phenomenon of “responsibility of due care.” Due care simply means that you supposed to be vigilant with regard to driving and should always pay attention to the road, including, but not limited to, posted signage, other vehicles on the road, and most importantly in this case, pedestrians. If the laws of the road are violated, even ever so slightly, and a car-pedestrian accident occurs, then the liability will almost always be the onus of the driver.

Are There Cases When A Pedestrian Can Be Found Liable?

In a word: yes. However, these cases are few and far between and the pedestrian in question will almost had to have purposely caused the accident in order to be held liable. There are some cases where a driver is paying due diligence to the road and the pedestrian is simply acting careless. For example, if a pedestrian walks out from behind a parked car into the middle of the road with no posted crosswalks, then he or she may be found liable for damages incurred to the vehicle. Likewise, if a pedestrian is causing reckless endangerment, such as by playing chicken with an automobile, then they could be held responsible for damages.

What Is Shared Fault Liability?

Shared fault liability occurs when both parties were found to have caused the accident in question. In most cases, the court will find one party “more” responsible than the other, and that party will have to pay a percentage of damages to the other party in question, but usually never the full amount requested.

If you have been involved in a pedestrian-car accident, it is highly recommended that you call on the services of a local and trusted personal injury or car accident attorney to discuss your options.

For a car accident attorney, contact a lawyer such as Loughlin Fitzgerald P C.

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