When drivers get into an accident, both parties might claim they were not responsible. This is especially likely if there is no objective evidence to prove either party was at fault. Not only do many people refuse to take accountability for their actions, but they worry about their driving records and the insurance premium hikes.
Even if you believe you might be partially at fault, most professionals in this field recommend not admitting guilt. To do so might injure the case and can be very difficult to take back. Working with an attorney is especially important in these cases. An attorney can guide you on how to gather evidence, how to answer questions and what to expect as things proceed.
If you believe you are not at fault, then proving this becomes easier. You might have more freedom to rely on any evidence available, including traffic cameras, police reports and dashcam footage from anyone at the scene. All of these might help you to prove the other driver’s negligence so you can get the maximum compensation you deserve.
At Easton & Easton, one of the tasks we take on is helping you determine who might be at fault before you file your claim. This allows you to set realistic expectations about how the insurance company might handle the case and how much compensation you can expect to receive.
Note that these are estimates based on the evidence provided, but the other party might also provide evidence that helps to tilt the scale in his or her favor. Even so, it is much better to go into the process with some idea of the road ahead.
When determining liability, one of the things insurance companies try to do is figure out what caused the accident. It then follows that whoever was responsible for that action led to the accident occurring and is therefore at fault. Here are some common reasons:
Impaired Driving: People who are intoxicated, drowsy, distracted or all three are more likely to fail to follow signs or notice another vehicle.
Failure to Yield: This explains why in some instances, the driver that gets T-boned becomes the at-fault driver in the accident.
Mechanical Failure: Sometimes brakes fail or another malfunction might make it difficult for the car to stop, thus resulting in a crash.
After an accident, many people find that they are unable to think straight. You might feel emotionally distraught and skip important steps. Making mistakes is fairly normal even when people know exactly what to do. Even if this is the case and the insurance company has already denied your claim, there is hope yet.
Attorneys might still help you turn the case around or appeal the decision. If the insurance company has begun to stall rather than issue a denial, attorneys can help to speed things up. Insurance companies often walk all over drivers when they have no representation but become more alert and careful when an attorney takes on the case.
Yes, it is almost always in your best interest to consult with an attorney as soon as possible. However, we are willing to look at any case at any stage of the process in an Orange County car accident. To find out if we can help and how, contact our law offices today.