One of the most important jobs the accident lawyers at The Cochran Firm do is investigate your case. By looking at the details of your accident, speaking to witnesses, examining physical evidence and following all relevant leads, we can determine who was at fault in your accident.
Once that determination has been made, we can move forward with a claim against the appropriate parties. Without liability, there is no personal injury claim, and you won’t be able to recover compensation for your injuries.
Proving liability is complicated, but our accident lawyers have years of experience doing so. You can have confidence in our skill and dedication.
If you would like to speak with one of our experienced accident lawyers about the details of your case, please call The Cochran Firm today at 1-800-843-3476 for a free consultation.
Local Liability Standards
The first thing to understand is that some states have what are called “no-fault insurance” rules. In these states, insurance companies will pay out benefits to those involved in an accident regardless of who’s at fault. This is designed to quickly resolve accident claims and dramatically reduce personal injury cases.
These nine states are:
- New York
- North Dakota
These states do allow personal injury claims if the accident exceeds certain thresholds. You should speak with an accident claim to see if your case meets these standards.
Other states have systems where fault is apportioned on a percentage basis, and most of those prevent drivers from recovering damages if they’re more than 50 percent to blame. So if your accident caused $10,000 in damages and you’re deemed 40 percent at-fault, you can recover $6,000 in damages.
Necessary Elements of Liability and Proving Fault
Traditionally, there are four elements of liability in a personal injury case:
- The presence of a duty owed to the plaintiff by the defendant
- The breach of that duty
- An injury to the plaintiff
- Evidence that the breach caused the injury
Each of these elements is necessary to a successful personal injury claim; if one is missing, there is no successful claim. Proving these elements is a crucial part of an accident lawyer’s job.
Sometimes, this is a relatively simple task. In the vast majority of rear-end collisions, for example, fault is automatically assigned to the driver of the colliding car. And accidents where a left turn is involved are usually the fault of the driver making the turn.
However, most accidents are rarely so simple. Our accident lawyers prove liability by:
- Examining police reports
- Speaking to witnesses
- Examining physical evidence, such as tire marks and vehicle damage
- Citing appropriate state laws
Don’t rely on yourself to prove fault. Let the proven accident lawyers at The Cochran Firm make your case for you.
If you’re looking for a skilled accident lawyer, please contact The Cochran Firm today.