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Determining Fault in a Car Accident

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Who is at Fault in a Car Accident? 

How to determine who is negligent in a car accident


The question is how do you determine who’s at fault in an automobile accident case? Generally, there are a number of ways to determine who’s at fault or who the negligent party is. If you are cited, meaning the other party is given a traffic ticket or information in the police report determines that the other driver is at fault, this proves that the other driver was negligent and maybe liable for your injuries.

Some of the easy ways to prove negligence are:

  1. If it is a rear end collision. If you are driving and get hit from behind, generally in all states, law enforcement, courts, and insurance adjusters will determine that the person who hit you from the rear is the at fault driver and is negligent. 
  2. Another easy way to prove liability is left turn accidents. If someone makes a left turn in front of oncoming traffic and that person is struck, the person making the illegal left turn, by not giving the other car enough time or space to drive, will be at fault. This is a easy way to determine that the driver making the left turn would be the at fault driver.

Remember, to prove a negligence case:

  1. First, you must prove that there is negligence or liability for one party.
  2. Second that you have damages or something to determine that you have something to bring an action for.
  3. And then you have ability to pay, this means that the person who causes your damages was at fault and they have the responsibility to compensate your injuries.

The best way to do this is to check for an auto accident lawyer in your state who practices in the area of Personal Injury law. That person will be best able advise you if you have a cause of accident and what the damages are worth. 

Contact an experienced Tampa car accident lawyer today at 877-728-9653 or contact us online for a free initial consultation

At Carlson, Meissner, Hart & Hayslett, P.A.,our car accident attorneys fight for maximum compensation for your injuries. We are not afraid to take on insurance companies and have a long record of success. Contact us today for a free initial consultation and car accident case review at 877-728-9653 or onlineWe have 5 convenient offices in Clearwater, TampaBradentonSpring HillNew Port Richey, and can meet you at home in at the hospital if necessary. Fighting for the injured and defending the accused since 1971. Se Habla Espanol.