September 13, 2022

Handling the Car Accident Claims- Understand Various Laws Involved

September 13

Car accidents need to be handled legally so that you don’t have to face any issues later on. It has been observed that people try to negotiate by themselves and land in a mess. In most cases, they end up getting the lower amount. That’s why an Atlanta car accident attorney should be contacted if you want to handle your car accident claim in a better manner. He will make you aware of different laws and rules pertaining to car accidents. Some of them are elaborated on below:

Fault-based car accident laws

In this, the person who has caused injuries to another driver is held responsible and pays for the medical bills. Practically, the insurance company of the at-fault party pays the compensation to the injured person. However, an attorney is required to review the case and establish who was at fault when the accident took place. Some of the elements of proving liability are:

  • The duty of care was violated- The plaintiff has the burden to prove that the defendant violated the duty of care at the time of the accident. The carelessness of the driver may put others’ lives at the risk and hence, cause injuries and damage. The attorney will look at different aspects of the case to prove this point.
  • The breach of duty caused injuries- Apart from this; the injured person has to prove that his negligence caused him injuries. For instance, the driver may be drunk at the time of the accident.  You can prove that because of his violating traffic laws, you have received injuries and car damages.

Shared liability in a car accident 

The car accident laws may be different if the injured person was partly involved in the accident. It can be proved with the help of CCTV footage. However, these laws may be different for different states. Some may offer compensation for your losses while others don’t give you any compensation if you were involved in a car accident. Most of these cases end up in litigation.

No fault car accident laws

In this, the injured person needs to get in touch with his insurance company to get compensation for his losses. No matter, who was at the fault, he cannot contact another party for getting compensated. However, certain rules may apply. For instance, he can ask for more money from another party if medical bills exceed the limit.

Your car accident lawyer plays a vital role to clarify these laws.

 

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