On one hand there are states that assign fault to the drivers in an automobile accident, whereas on the other hand there are states that do not assign fault to drivers in an accident. In these fault states it might be difficult to prove that the other person caused the accident due to his reckless driving. However, some ways to prove that the other driver was responsible for the accident are: to obtain a copy of the police report, review the state motor vehicle laws, â€œno-doubt liabilityâ€ cases, â€œrear-end collisionsâ€ and accidents caused by execution of a left turn, as reported by NOLO.
If the police responded to an accident call, then most likely they made a police report or accident report so try and obtain a copy of this report,Â if it helps to prove oneâ€™s case. Furthermore, some police reports might state whether there was some type of traffic violation which caused the accident. Next, looking at the state traffic laws might reveal whether someone has a right of way or not in certain situations.
Then there are no-doubt liability cases, which are accident cases where the other driver might be responsible for the accident. In rear-end collision, the driver who rear-ended the vehicle in front is most likely liable, however the forward vehicle driver might have caused the accident due to the driverâ€™s taillights not working. If one makes a left turn in oncoming traffic and is struck, then most likely he is liable unless the vehicle that was going straight was speeding, ran a red light, or the driver making the left turn was in the process of making the turn but due to an emergency he was unable to complete the turn.
We at Jayson Lutzky, P.C. can provide you with the information you need if you have been injured, and how this will affect an accident claim. If you have been injured due to someone elseâ€™s behavior and you are in need of legal advice, then please feel free to call us at 1-800-660-5299 for a free initialÂ in office consultation or visit our website at www.MyNewYorkCityLawyer.com.