The two main components of a car accident case are liability and damages. If injured parties cannot prove another driver was responsible for their accident, they may not recover compensation for their damages. An experienced auto wreck attorney from The Warren Firm could find evidence to prove fault in your case and help you to better understand liability in Staunton car accident cases.
Liability refers to who is responsible for the car accident. All motorists in the state have a duty to operate their vehicles without risking the safety of others. Therefore, those who drive carelessly or recklessly could be held liable for breaching their duty of care.
In some cases, fault may be easy to prove. For example, if a person is rear-ended while at a stop sign, the driver in back will most likely be the liable party. In instances such as these, the defendant may admit fault before the case goes to trial. Then the case would only proceed on the issue of damages. Many negligent drivers, however, do not admit fault, and it becomes the responsibility of the injured party to prove liability through evidence.
If two drivers are involved in an intersection crash and both claim they had the green light, proving liability can be more difficult. Evidence such as police accident reports, witness statements, and photographs or videos from the scene could help show who is at fault. A seasoned attorney could use their resources to gather evidence and build a strong case that establishes the defendant as liable.
Contributory negligence is always a factor that may affect the liability in a case. In Virginia, if the injured party was not using reasonable care and that was one cause of the collision, they may not be able to make a recovery. Insurance companies in many cases will try to use contributory negligence as a reason for denying a claim.
Once the injured parties prove another person is liable, they must demonstrate that the accident is the direct cause of their damages or injuries. In these situations, the defense counsel may argue that something other than the accident caused the plaintiff’s injuries.
For example, if a person does not develop back pain until a week after car crash, defendants may attempt to prove that an underlying condition caused the plaintiff’s injuries. A local attorney could analyze your medical records or speak with an expert who could show that the defendant is directly liable for your injuries.
If a plaintiff can successfully prove liability, he or she may be able to file for economic and non-economic damages. Injured parties could seek compensation for losses such as medical bills and lost wages.
Legal professionals often incorporate current and future losses into a plaintiff’s damages. A lawyer in the area could help you prove liability in your car wreck case so that you do not miss the opportunity to recover compensation.
Fault is not always straightforward in automobile accidents. Additionally, insurance companies often hire attorneys to create a defense against the injured party’s case. A dedicated lawyer could help you stand up for you rights against these powerful companies.
Reach out to a lawyer at The Warren Firm to discuss liability in Staunton car accidents. Call today to schedule an initial consultation.