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Determining Liability After a Car Accident: It May Not Be as Simple as You Think

If you’ve been involved in a car accident that was the fault of another party, then it may seem obvious to you that they’re liable for the accident. However, from a legal perspective, in order to seek the damages you’re owed, you must first determine liability. Even in a situation that seems obvious to you, it can be more challenging than you think.

This is one of the reasons that it’s to your benefit to work with a personal injury attorney who can carefully assess your case and provide expert advice. At Law Offices of Fernando D. Vargas, we’ll go over the police reports, talk to witnesses, and hire our own investigators as necessary. Read on to learn more about the process of determining liability and then reach out to us at 909-982-0707 if you want to schedule a free consultation.

Evidence needs to be clear from an objective perspective

First and foremost, it’s important to understand that as the victim of the car accident, it’s likely that you have very strong feelings. They may include anger, fear, frustration, etc. These feelings can make the evidence look different to you than it would to a judge or a jury. This is why you need an attorney to come in and look at the evidence objectively. Clear evidence must be established if you want to win your case.

The first step is an analysis of the police report

First and foremost, we’ll get a copy of the police report. If there isn’t a report than we’ll have to skip this step. Remember that anytime you’re involved in an accident that has any type of injury, whether a stubbed toe or a broken spine, it’s essential to call the police. The same is true of an accident with more than $500 of damage, even if there are no injuries.

If there is a police report, we’ll look at every detail to see what type of critical information is contained. Remember that this is a report taken at the scene. You and other people involved in the accident were likely in shock. Certainly the information on a police report can be helpful to your case but you can still have a case if it isn’t.

Next we’ll carefully assess additional evidence

We’ll also consider all the other relevant information. For example, if you were hit from behind then the other driver is negligent. If you were driving straight on a green light and hit a car turning left in front of you, then it would clearly be their fault. Every crash is unique but at Law Offices of Fernando D. Vargas, we’ve got the necessary experience to assess each case on its own merits.

If necessary we’ll consult with experts

After assessing all relevant evidence in the case, including talking to witnesses, we can also work with experts. They can reconstruct the accident based on the evidence to give a clear idea of what happened – and to provide compelling evidence to a judge or jury.

To get started, simply call Law Offices of Fernando D. Vargas at 909-982-0707 and ask for a free legal consultation.