Before you can file a personal injury claim for injuries you sustained in an accident, you will need to show who is liable. The liable person is the one whom by their actions or inaction is responsible for the car accident and, in turn, your injuries.
You might think proving liability is an easy task, but things are not always straight forward in a personal injury lawsuit. For your lawsuit to be successful, you will need to provide evidence to support your claim.
Here are some things that will help you to establish liability in a personal injury lawsuit:
Once the police are called to the scene of an accident, there should be an official accident report. This report will contain information regarding what the officers found when they arrived on the scene as well as their observations and qualified opinions. For example, the length of skid marks at the scene may help the police to deduce that speeding was a factor in the accident. A police report may prove to be the most helpful piece of evidence when trying to establish liability.
Often a police report will exclude the statements of passengers or even their information unless they too were injured or killed. If you can, speak with the officer to see whether they have included this information in their report as passengers are witnesses to the accident. You should also see if the officer has included third-party witness statements as well. Since third-party witnesses have no apparent connection to either driver, they are the most credible witnesses. You may kindly ask the police to include their information in the report. If they refuse, collect the information yourself as you may later, with the help of a personal injury attorney, reach out these third-party witnesses to help prove your claim.
State Traffic Laws
If you are trying to prove someone else is liable for your accident, the state traffic laws, also known as the vehicle code, may contain information to support your suit. These laws are the ‘rules of the road’ that show how drivers must operate their vehicles. Your personal injury attorney may look at which laws are applicable in your case and use them to show where the other driver acted contrary to those rules.
Should You Discuss Liability With the Other Driver?
If no one sustained a serious or life-threatening injury, it is the norm for drivers to exchange insurance information while they wait on the police or other emergency personnel to arrive.
Often, tempers flare as one driver accuses the other of causing the accident. You should avoid this. Never discuss fault with the other driver. Wait for the police to arrive and discuss the details with them.
Do You Need a Car Accident Injury Attorney in Beverly Hills?
If you were involved in a car accident in Beverly Hills and need help establishing liability in your personal injury lawsuit, give us a call at West Seber Bulger. At Seber Bulger, our Beverly Hills personal injury attorneys will gather evidence to show the other driver was at fault and provide you with sophisticated legal representation to help you get the best results. So, what are you waiting for? Give us a call today to schedule a free legal consultation.