Determine The Fault With The Help Of An Auto Accident Lawyer San Diego
It is the task of the insurance companies who find out the fault in car accident cases. Any one of the parties would call the cops and file a report against the other party’s negligence that caused the accident on road. Both parties would get a copy of the filed report and the details regarding the laws that seemed to be broken. The parties can further share the report with their insurance company for an adjuster to be assigned to the case. The responsibility of the insurance adjuster is to handle specific claims wherein he has to talk to the parties involved about the actual scene on the day of the accident. He would further review their medical bills in case of serious injuries before finally reviewing the copy of the police report. You will need the help of an expert auto accident lawyer San Diego for a smooth process when documentation or court representation is concerned.
Know More About The Common Law Negligence:
Common law negligence is established on four main pillars:
Duty: It is important to prove that the driver obeyed his duty of driving safely, and avoiding injuries to pedestrians and other vehicles.
Breach: When one has obeyed duty, the other might have failed to do so. The auto accident lawyer San Diego would help in gathering evidence to determine a breach of law by the other party.
Causation: At this stage, it is determined that the breach of duty led to the accident. Whether it was the wrongdoer’s action or his conduct is to be determined based on the American common law negligence.
Damages: It is an essential pillar wherein you require to put forth the physical and mental injuries and the loss thereafter.
Know More About The Accident Fault Laws:
One can also determine statutory negligence as it might not be easy to prove common law negligence. The evidence that states the fault of the other party has to be collected and presented by the auto accident lawyer in San Diego and soon the case would turn in your favor. The negligence of the other party should be mentioned in the police report too. It will make your case strong and you can further go for higher compensation from the insurance company.
Contrary to it, if the police report specifies the fault of both parties and the same is proved, compensation would be reduced and it would be a case of comparative negligence.
In this way, auto accident cases are going to be lengthy and would require proper documentation to set up an appointment with a good auto accident lawyer in San Diego. Discuss the case details and get expert guidance in your case.