When an accident occurs, it’s important that you know who was responsible for the accident occurring. But when an accident happens, it’s not just the driver of the vehicle that is responsible; it’s the insurance company they have as well as their team of lawyers when your injury lawyer in Gilroy have served them papers for the personal injury claim.
What Is Negligence?
While some may assume that a personal injury lawsuit is all about the compensation, there’s so much more too it. Negligence is one of the main reasons that the accident may have occurred. Maybe the other driver was busy:
• Talking on their cell phone
• Texting on their cell phone
• Putting on makeup or fixing their hair
No matter what their reason was, they ran a stop light or did not see you braking in front of them. Or maybe you were a pedestrian that was crossing the road at the crosswalk and the driver never looked up to see you.
When a driver gets behind the wheel, he or she must use reasonable care in order to avoid Injuring passengers, pedestrians, or motorists that are also on the road. If a driver is not acting in a responsible manner, the end result is going to be an injury to someone.
Proving a Driver’s Negligence
It’s not always easy to prove that the driver is negligent in an accident. If there is a dispute, many times the claim will need to be heard in court before any solution is reached.
If a driver caused an accident, they will contact their insurance company to report it. The insurance company will send an insurance adjuster to the vehicle and have them inspect it. Then the insurance adjuster will most likely contact you to start offering you a low offer. They will then need to talk to your lawyer if you hire one to determine what the final dollar is that you will accept and to see if what they offer you will be enough to pay for your expenses you have as a result of the accident.
Between witness reports, police officers’ investigation, and medical treatment reports, the documentation should help you to prove the accident was caused by negligence on the other driver.
Defenses to Negligence in a Car Accident Case
There are certain legal defenses that can be utilized to erase the liability on the defendant’s accident case. For example, they can say that the pedestrian ran into the middle of the road and the driver didn’t see the pedestrian until it was too late.
It’s important that you have proper documentation If you want to win your case against a driver who was negligent while behind the wheel causing, your accident.