If you want to recover monetary damages after being injured in a car accident, you should first prove that the other driver is at fault in it. This means you need to show the court or jury that the accident occurred as a result of the defendant's negligent actions like speeding, aggressive driving, or tailgating.
It is easy to say that the defendant was careless, but finding evidence which will support your claim may be difficult. You will have a stronger case if you acquire the following:
- Medical records- After the accident, you should seek medical assistance even if you think that you were not seriously injured in it. If you were treated by a doctor, you will be able to acquire documents from the hospital which can prove that you were injured in the crash.
- Traffic laws- You should know the different traffic laws that are being implemented in the state where the accident happened. These rules are often referred to as vehicle codes, which are found in the state's statutes.
- Police report- Authorities will be required to go to the accident area, especially if someone was injured in the incident. You can ask the police department to give you instructions regarding the proper way on how to acquire the police report.
This document may state the police officer's opinion regarding who is at fault in the crash. He can say that the accident occurred because the other driver did not comply with traffic rules.
However, some police reports are not that thorough, meaning they do not state enough information regarding the incident. For example, a police report mentioned that one party committed a negligent action, but failed to say if this violation is the reason why the accident occurred.
- No-fault liability- If you were rear-ended by another driver, rest assured that the defendant will be 99 percent at fault in the incident. He will be seen as liable for your injuries regardless of the reason why you suddenly stopped the car.
However, the amount of monetary damages that you will be entitled to receive may be reduced if the court determines that you are partly at fault in the incident. For example, the defendant rear-ended you because your tail or brake lights are not working.
If you have questions regarding the different liability issues that are involved in a car accident case, it is advisable that you consult a Los Angeles personal injury lawyer.