subject: Requirements of Proving Fault in Automobile Accident Cases [print this page] Requirements of Proving Fault in Automobile Accident Cases
The question of proving who is at fault in an accident boils down to determining negligence. In legal terms, negligence refers to reckless or careless behavior that is the cause of or a contributing factor to an accident. While this sounds clear cut, proving negligence is often much more difficult in practice.
To begin, there are certain instances of negligence that are very difficult to question. They include:
A rear-end collision
Accidents involving a left-hand turn
Failing to yield
A collision with a parked car
In these examples, it is nearly impossible to provide adequate defense for negligence. It is easy to think of other situations too, such as if a motorist were drunk, distracted by a cell phone or other device, not wearing their corrective eyewear, and many more.
However, even an instance of gross recklessness doesn't mean an insurance company will accept defeat and offer you an appropriate settlement. They may try to claim contributory negligence on your partin which case you will have to prove that your behavior in no way led to the accident.
In short, there are some situations where negligence is easy to prove and others where it is more complicated. A common-knowledge approach should be enough to determine who is at fault. However, if there are serious disputes by the other party, it may be necessary to go to court.
If you suffer accident injuries in Mississippi and are considering taking the case to court, it is important to reach out to a Mississippi accident attorney or a personal injury lawyer in your area. By contacting someone from the legal field today who is experienced with these type of cases, you can get the help you deserve today.
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