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Proving Fault When Injured in a Highway Accident

Jan 26, 2021

Every day, millions of people across the country drive on the highway and inevitably, accidents can happen. Some accidents on the highway are simply minor fender-benders, while others involve multiple vehicles and can result in serious injuries. Regardless of the type of accident that you are involved in while driving on the highway, one of the first questions that come up is who is at fault? In other words, which driver’s actions caused the accident? 

Sometimes this is not easy to distinguish, but proving fault is an important aspect that insurance companies require when determining whether to compensate accident victims for their injuries. For this reason, it is advisable to speak with an experienced highway accident lawyer who can help. 

Determining Fault in a Highway Accident

There are many different scenarios that can result in a car accident, and determining how and why the accident occurred is the first step in proving fault. 

  • Official Police ReportIn the event of an accident, after you contact the police, they will arrive on the scene to assess the damages. During this time, the police will typically ask those questions to help determine what caused the accident and who was liable. Your attorney and the insurance company can obtain copies of these reports to review and help prove who was at fault for the accident. 
  • State Traffic LawsIn addition to the official police report, your attorney will often refer to the state traffic laws when looking to prove fault in a highway accident. Understanding violations of state codes and traffic rules can help outline why one driver may be at fault for the accident. 
  • Presumption of FaultThere are certain types of accidents in which fault is almost always quickly determined. One of these situations is a rear-end accident. Although exceptions can apply, the fault in a rear-end accident is usually assigned to the driver who was following behind and collided with the car in front of them. 

Working with the Insurance Companies

In the event of a highway car accident, it is beneficial to seek experienced legal advice from a personal injury attorney. Your attorney can help navigate the insurance claims process by working directly with the insurance companies so that you can focus on resting and recovering from your injuries. Often, the insurance companies will reach out to you directly for a quote regarding your accident. While it might be tempting to provide them extensive information, it is advisable to defer all of this communication to your attorney to ensure you avoid saying something that could hurt your claim. 

Contact an Experienced Highway Accident Attorney Today

If you or someone you know has been involved in an accident while on the highway and believe that another party is at fault, the damage can be catastrophic. For this reason, it is advisable to speak with a knowledgeable personal injury attorney as soon as possible to learn more about your options for just compensation. At The Law Offices of Thomas A. Morrissey, our team is dedicated to helping those who have been injured in highway accidents. Don’t delay, contact us today to schedule a free consultation

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