The insurance company puts great effort into determining who should be held responsible for a given accident. That is due to the fact that the responsible party must compensate the victim.
The insurance company pays attention to a reasonable argument from someone that has filed an injury claim.
It should be a clear and logical argument. The claimant’s argument should not have a great many details. Those might be viewed as an attempt to exaggerate a reported injury or other damage.
Personal Injury Lawyer in St John’s knows that the claimants need to be honest with the insurance company. If evidence were to dim the veracity of a given statement, then that would make it hard to allege that the other party had been responsible for the accident.
Issues that could trigger a claimant’s concerns
Evidence suggests that the injured victim contributed to creation of his or her own injury. Unless the accident had taken place in a state that followed the contributory negligence principle, that would not be apt to lead to denial of any compensation. The victim would, though, get a smaller compensation package.
The victim has a pre-existing condition. That should not become a reason for shielding the responsible party from the need to pay compensation. Anyone that has committed a negligent action must take responsibility for the consequences.
In order for a claimant to show that the other party was at-fault for a reported accident, the evidence must show that the defendant was negligent.
Someone that has demonstrated negligence has been careless and neglectful. The at-fault party could be charged with negligence, if he or she had carried out an action that a reasonable person would not have considered trying. For instance, a driver that has failed to use reason might decide to ignore a red light at an intersection.
They could be charged with negligence if he or she had failed to perform an act that would have been carried out by a reasonable individual. For example, a driver would be negligent if he or she failed to slow down, when approaching a line of traffic on the exit from a freeway.
If 2 cars have collided, could a 3rd party be responsible?
Yes, it is possible that someone had failed to fix one car’s brakes, so that the driver could not stop in time. It is possible that some pedestrian had run into the street, forcing the one driver to swerve into an oncoming vehicle.
It is possible that the leaves on a bush had hidden a sign, one that had warned about the way that a given lane narrowed up ahead. The accident might have taken place on a roadway where many accidents had occurred in the past. The roadway needed to be fixed.