Sometimes the victim of an accident finds that the allegedly responsible driver has claimed that the victim must shoulder some of the responsibility. In such cases, it helps to know how to show that the other driver should be blamed for what happened, and should pay for any consequences.
Sometimes it seems obvious that the other driver was careless.
How can proof of carelessness be introduced? The best approach involves visiting a library and searching for a rule that the careless defendant has violated. If both drivers have been careless, then the least careless was less responsible.
Another smart action: studying the police report
Check to see if there has been any mention of a violation. Did the reporting officers issue a ticket to any of the drivers?
Even if there is no mention of a ticket, a report might contain a reference to negligent driving. That mention could prove of value during post-accident negotiations. It could not be used as evidence in a courtroom.
Study the state’s traffic laws.
Look for any that might have been violated by the allegedly responsible motorist. Make sure to learn whether or not any law has been updated.
Some states offer an option to those that have received a ticket for the first time. That option provides them with the chance to attend a series of classes. The students going to those classes learn about any new laws, or any changes to existing laws. Those that attend such classes do not have to pay a fine.
Learn about the types of accidents for which fault is almost always assumed to fall on the shoulders of a certain driver.
In the case of a rear-end collision, the driver in the leading vehicle is seldom the one at-fault. Still, there are cases of individuals that have made an intentional and needless stop, in order to charge the driver that was forced to hit the rear of their vehicle.
A Personal Injury Lawyer in St John’s know that motorist that is making a left-hand turn is expected to exercise a good deal of caution. For that reason, an accident involving someone that has made a left-hand turn normally gets blamed on the motorist that has chosen to turn left.
Still, the accumulated information on such accidents has shown that there are exceptions to the general rule.
–An exception would be made if the evidence had shown that the driver proceeding to go straight had been speeding.
–An exception would be made if the evidence had shown that the driver proceeding to go straight had gone through a red light.
–An exception would be made if the evidence had shown that the left-turning vehicle had been forced to stop of slow down.