Auto accidents can be confusing and stressful for all parties involved. For those who are victims of the other driver’s negligence, it may be possible to file an auto accident claim.
In order for claims to be successful, the claimant must be able to show that the other driver was primarily at fault for the incident. There are a few key elements that are important in achieving this endeavor.
Proper evidence
Evidence is crucial to proving any case. Not only does it help to paint a picture, but it also disproves false claims and removes ambiguity. Some of the common types of evidence include:
- Photos
- Witness testimony
- Accident reports
- Medical records
- “Black Box” data from the crash vehicles
These are just a few of the many types of evidence that claimants may use. It is best to gather as much evidence as possible from a variety of sources. As the different types of evidence come together to support the same story, it helps to validate the argument and remove doubt.
Gathering evidence as soon after a crash as possible is crucial. Once evidence is lost, it may never be possible to duplicate it.
Personal fault level
It is important that claimants evaluate their personal level of fault. According to West Virginian personal injury law, a claimant can be partially at fault and still receive compensation. With the comparative fault rules, the award amount is decreased by the percentage of fault of the injured party.
The courts or jury look at the accident as a whole and determine the percentage of fault that each party holds for the incident. If the injured claimant’s percentage is not more than 50 percent, then the claimant receives the award amount minus the percentage of fault they hold.
On the other hand, those claimants responsible for more than 50 percent of fault for the accident cannot receive an award. For this reason, building a solid narrative and negating claims of fault from the other party are critical in winning a claim. These areas of law can be confusing and case specific. An experienced attorney can help you through the process.
These are just a couple of important elements in regard to measuring fault for an auto claim. For further information or to begin building a case, victims should consider consulting with a knowledgeable attorney. Doing so after a crash and before evidence is lost is potentially crucial to receiving fair compensation.
Contact Gellner Law Offices. We’d like to help.
