Car accidents happen fast and can leave you reeling from painful injuries, mounting medical bills, and lost wages from enforced time off work. Yet, you will not be able to recover damages unless you can prove who was at fault. Even though the other driver may be totally at fault, the burden of proof falls on you.
Proving fault can be complex as many factors may be at play in a car accident. It is vital to seek the advice and guidance of an experienced auto accident attorney. A car accident lawyer will listen to what happened and advise you on the best way to pursue compensation. If the law firm agrees to take on your car accident case, your attorney will immediately start gathering evidence to build a strong case for liability.
In this post, we will explore what car accident lawyers do to give their clients the best chance of securing fair compensation. We will also explore how you can assist your lawyer by providing valuable evidence to strengthen your car accident case.
Understanding Fault in Connecticut
Connecticut is an “at-fault state” for car insurance. This means whichever of the parties involved were at fault must pay for the injuries and property damage resulting to the other parties.
For this reason, drivers in Connecticut are not required to carry personal injury protection (PIP) insurance. Drivers can file claims for their medical expenses and other losses from other at-fault drivers.
Pursuing compensation after a car accident
Connecticut drivers are required to carry liability insurance. In an at-fault car accident, the responsible driver’s insurance would pay for medical bills, lost wages, and property damage resulting from the car accident. Currently, the minimum coverage level is $25,000. However, in a serious accident that causes significant injuries and a totaled car, this amount will likely be inadequate to cover the car accident victim’s losses.
In such a case, you may be able to sue the at-fault driver personally to recover compensation for your losses. Suing an individual can be tricky, as he or she may claim not to have the necessary funds or assets to pay compensation. It pays to hire an experienced personal injury attorney who can work fast to build a strong case. Your lawyer can explore all options for pursuing the compensation you need to rebuild your life.
When more than one party is at fault
Determining fault is made more complex when multiple vehicles are involved. You may also have a nagging feeling that you were partially at fault for the accident. The good news is that, in Connecticut, you may still be able to pursue compensation even if you were partially to blame for the car accident.
Connecticut General Statute § 52-572h states that “contributory negligence shall not bar recovery…if the negligence was not greater than the combined negligence of the person or persons against whom recovery is sought.” Simply put, if you were less than 51 percent at fault for the accident and injuries sustained, you could pursue compensation from the other parties.
However, there’s an important point to note. The compensation you receive will be reduced by your percentage of fault. So, if you were 40 percent at fault, your compensation would be reduced by 40 percent of what it would have been had you not been at fault.
Don’t wait too long
It is very important to think fast and talk to a car accident attorney as soon as possible after your accident. In Connecticut, you only have 2 years to file a car accident claim. Don’t let concerns about potential liability hold you back from seeking prompt legal advice from a qualified car crash lawyer.
How Lawyers Prove Fault in Car Accident Cases
After a car accident, insurance adjusters will investigate and make a decision about liability. Insurance companies are only interested in one thing – paying out as little as possible, as fast as possible. That’s why you need an experienced car accident lawyer on your side who can fight the insurance company bullies and build a strong case for proving fault.
To build a strong case, a personal injury lawyer will begin gathering evidence to prove the following four crucial points.
- Duty of care: A car accident attorney must demonstrate that the other party had a duty of care toward you. This is usually straightforward because by getting behind the wheel, the other driver automatically has a duty of care toward all other road users to drive safely.
- Breach of duty of care: By his or her actions, the at-fault driver breached the duty of care. This could be through negligence, recklessness, or malicious actions. If your car accident involved a commercial vehicle, such as a truck, then the trucking company, manufacturer, and maintenance company could potentially have negligently breached their duty of care.
- Causation: Your car accident attorney must now prove a strong link between the actions of the other party and your injuries. For example, if the other driver was texting and distractedly crashed into your car and caused you to break your leg, he or she would likely be liable for your injuries.
- Damages: Finally, your personal injury lawyer must demonstrate that your accident resulted in financial losses and you are entitled to compensation. The losses could include medical expenses, lost wages, property damage, and other damages.
A car accident attorney must gather compelling evidence to prove each point so that his or her case can withstand scrutiny in negotiations or in the courtroom.
Gather All Available Evidence
Car accident lawyers must uncover strong evidence that clearly demonstrates who was at fault and the extent of each individual’s liability. They can use a wide range of sources to build a clear picture of who was at fault and pursue compensation.
Police report
Under the Connecticut Vehicle Code, all accidents resulting in death, injury, or property damage exceeding $1000 must be reported to the police. The attending officer will create a car accident report possibly containing important information that could help your personal injury attorney build a strong case for liability.
The report may include:
- The details and insurance information of all parties involved in the accident
- The time, date, and location of the collision
- The officer’s written report and observations
- Any citations issued to parties involved
- Results of on-site drug or alcohol testing
It is not the police officer’s responsibility to determine who was at fault. This will be determined through negotiations with the insurance company or a court. However, the officer’s observations, citations issued, and the results of drug and alcohol testing could strengthen your case.
For example, if the police report records a traffic violation or that a driver was intoxicated, this could strengthen your case. Your attorney may be able to show that the individual’s recklessness was the cause of the accident.
Eyewitness testimony
Witness testimony could be crucial in determining fault. For example, a witness may have observed one driver break a traffic law, such as failing to stop at a stop sign, causing the accident. It is important to contact witnesses as fast as possible after the accident when it is still fresh in their minds to gather their statements.
Dashcam footage
Dashcams have become increasingly popular and could provide valuable evidence to strengthen your case.
Your camera may record evidence of traffic violations, such as:
- Speeding
- Other parties changing lanes dangerously
- Failing to stop at an intersection or traffic light
At your free consultation, show the car accident lawyer any footage of your accident to help him or her understand the nature of the crash.
Surveillance camera footage
If your car accident was picked up on surveillance cameras, this footage could provide strong evidence of who was at fault. It may capture negligent or reckless driving or provide evidence of a traffic violation that caused the accident.
Accident reconstruction specialists
If your case was particularly complex or you suffered significant injuries, your car accident lawyer may retain accident reconstruction experts to recreate what happened in the moments before your accident.
To recreate what happened, specialists may examine evidence such as:
- Skid marks
- Vehicle damage reports
- Witness statements
- Video footage
- Crash scene photographs
- Other physical evidence
Accident reconstruction experts then use specialized software that applies mathematical models to the data. This creates a picture of what happened and who was at fault for the accident. These expert witnesses will produce a detailed report, possibly including diagrams, animations, and other visual aids to demonstrate what happened. Their testimony can be used in court or negotiations with insurance companies to fight for fair compensation.
How to Strengthen Your Case for Compensation
Auto accident attorneys may be able to use the evidence above to build a strong case for liability. Yet, there are crucial steps car accident victims must take to strengthen their case for fair compensation.
Seek medical attention immediately
It is vital to seek medical attention immediately, even if you feel fine after your accident. The rush of adrenaline surging through your body at the accident scene could be masking serious injuries.
Get yourself checked out right away and attend all necessary follow-up appointments. Your attorney may be able to use your medical records to prove your injuries were caused by your accident.
Also, keep a record of all your medical expenses and pass these on to your attorney so he or she can build a strong case for fair compensation.
Don’t admit liability
In the aftermath of a car accident, emotions can run high. You may be overwhelmed and assume that you were at fault. Even if you feel this is the case, do not under any circumstances admit you were at fault.
Witness testimony may be produced by the insurance company stating that you admitted liability. Since anything you say after the accident could be used against you later, resist the temptation to defend yourself to them. Instead, let an experienced attorney investigate the case and determine fault.
Tread carefully with insurance companies
We expect insurance companies to be there for us in our time of need. However, they only look out for their own interests. Simply stating that you feel fine or admitting you were partially to blame could be used to reduce your settlement or try to deny it altogether.
So before you file an insurance claim or even discuss your case with an insurance company, hire an experienced attorney to represent you. Your lawyer can handle all discussions with insurance companies for you, so you don’t have to worry about saying the wrong thing.
Pursue Fast Results With Gould Injury Law
Car accident victims need the support of an experienced attorney to build a strong case for fault and pursue fair compensation as fast as possible. At Gould Injury Law, we focus on providing fast, fair, and fearless representation for car accident victims, and we have a proven track record of getting results.
We have secured settlements of $2 million and $1.6 million in personal injury accident cases, along with many six-figure payouts. We are ready to discuss your case at a free consultation. We can advise you on how to build a strong case for compensation. If we agree to represent you, we will use all the resources at our disposal to pursue fair compensation as fast as possible.
So don’t delay. Talk to the firm that gets fast results as soon as you can. Schedule a free consultation by calling 888-WIN-FAST or completing our online form, and we will get back to you as fast as possible.
