Proving Fault in a Car Accident Case

Have you been injured in a car accident here in New Mexico? With any traffic accident whether it involves a motorcycle, truck, bicycle or pedestrian, you must be able to prove that the other party is at fault in order to collect compensation for your injuries. Proving negligence is a crucial factor in any personal injury case. In some cases the responsible party is clearly evident and no investigation is necessary. However, in order to appease the insurance companies and retain a full settlement, you may have to be able to give then proof to support your claim. If you are looking to build a strong argument for your car accident injury claim, then be sure to retain an experienced Albuquerque personal injury attorney from our firm. We have handled countless car accident cases and we know what it takes to prove fault and negligence in car accident cases. If you are looking to collect official support and evidence for your case, then be sure utilize the following resources:

  1. Check the police report- When a car accident is called in, a police officer will go to the scene of the incident and make a detailed report of what they see. In the police report they will document any injuries that occur, the damage to the vehicles, any property damage and they will interview any key witnesses who saw the accident unfold. You have the right to request a copy of the police reports for your own records and it may come in handy and support your claim. Within the police report, the officer will typically write down who they believed to be at fault and if they violated any traffic violations at the time of the accidents. These observations could act as solid evidence when you are trying to prove liability.
  2. Become familiar with the traffic laws in your state- By reviewing over the vehicle code of New Mexico, you could figure out which vehicle code the other driver violated. You can find a full vehicle code at your local DMV and that will inform you of all the rules of the road. If you find a statute in the vehicle code that relates to your accident, you could use that as supporting evidence when you talk with your insurance company. For example, if the other driver failed to fully stop at a stop sign which caused your accident, then you would find that specific statute. Be sure to cite the law correctly and write down the code section that you found it in.
  3. Know which accidents that are considered no fault liability accidents- When you are involved in a rear end accident or a left-turn accident, then proving fault is a different story. With rear end collisions, the insurance companies will automatically assume that the driver with front end damage is a fault for hitting the vehicle in front of them. This is because the rear driver should leave enough space to have sufficient time to break in times of emergency. Left-turn accidents are similar in that the driver making the left turn is almost always found liable for the collision. The cars that are driving straight have the right of way and cars turning left are supposed to yield to oncoming traffic.
  4. Document any physical evidence and interview witnesses- At the scene of the accident it is always helpful to take pictures before any evidence is compromised. It is always wise to take pictures of any vehicle or property damage, as well as any skid marks on the road- this could help prove that the other driver was speeding or driving negligently. If there were any key witnesses that saw the accident happen, then ask them to for their testimony to help support your case.

If you have been injured in a car accident, then you don't want to have to worry about proving your claim and persuading the insurance companies. You can leave that to us! We can help you build a solid argument for the insurance companies so that you receive the full amount of compensation that you deserve. We don't want you to be left responsible to pay for any damages for an accident that was not your fault. Let us help you hold the negligent party liable to pay for their mistakes. Contact an Albuquerque car accident lawyer from our firm today to help you prove fault in your car accident case. Call us today at (505) 906-6774!

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