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Proving Liability in a Fender-Bender

Posted on July 8, 2012 by Fast Lawsuit Team

Who caused the accident? Who is responsible for bodily injuries sustained? This is the underlying issue of a car accident personal injury lawsuit. When you are suing for damages in a personal injury lawsuit, you need to show that there is liability on the part of the person or organization that you are suing. This may be a driver of another vehicle, the company who manufactured your vehicle or a pedestrian.

A simple “He did it!” will not suffice for you to be able to get a settlement for any bodily injury you have sustained. Of course, you have to bolster your claim with accepted proofs:
-  Proof of violation of state and local traffic laws. You can use the vehicle code (or the “Rules of the Road”) to show in what way the other party performed a violation. This may be failure to observe road markings, speed limits or right of way.
-  Police reports.  The usual procedure after a car accident would be that the police (particularly the traffic division) would come and make an assessment of the situation and put it in writing via an accident report. The police will also get statements from witnesses. The accident report can be made available to you upon your request. The report may contain the police’s opinion of whether there was a traffic violation and who caused it. There may be mention of a citation issued for the violation or a statement regarding a driver’s negligent behavior.
-  Easily proven cases.

  • Rear-end collisions. This is virtually a no-brainer. The rule is, whoever rear-ended the vehicle is at fault. A driver should be able to stop way before his vehicle reaches the rear end of the vehicle before him, regardless of whether the vehicle in front stopped for whatever reason.  This should be easy to show when your vehicle’s rear-end is damaged and the other party’s front end is also damaged. It is also important to note that
    negligence on your part may affect the amount of compensation you stand to receive.
  • Collisions while one vehicle was making a left turn. Usually, the car making the left turn is the one at fault, since the right of way is for the car coming straight from the other direction. However, it can also be shown that the car coming straight is the one at fault if it can be shown that:
    • the car going straight should have stopped but proceeded, even with a red light
    • the car going straight was the one speeding
    • the driver of the car who made the left turn made sure that it was safe to turn but something unforeseen caused it to stop or slow down. 

-  Photographs. You should take photographs of both vehicles, especially the parts which sustained the damage.  Other things you should photography include:

  • skid marks (that can show where the vehicles were going and can  indicate the speed of the vehicle)
  • your injuries
  • conditions that could have led to the accident

However, it is important that you take these pictures with your safety in mind. Don’t take pictures of the scene of the accident when there are also other vehicles rushing about.

Proving liability on the other party’s part in order for you to claim for compensation may be complicated and may take time. When you have filed a personal injury lawsuit, it can be helpful to consider a lawsuit loan.

With funding from a lawsuit cash advance, you can cover medical expenses for injuries incurred in the accident, as well as expenses related to strengthening your case, such as gathering the necessary evidence.

The lawsuit loans provided by reputable companies such as don’t require you to present your credit rating or your employment record. Instead, they will make an evaluation of the strength of your case and consider whether you are eligible for a settlement loan. Once you are approved, you can get your funds in as quickly as 24 hours.


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