Claiming Negligence After a Car Accident

While car accidents in a few states may still be called “no fault,” officials and insurance agencies in many other states mandate that responsibility for any accident be attributed to someone – typically the party found to be at fault.Do you want to learn more? Visit The Clark Law Office

If you are found to be liable in a car accident in an at-fault state like Colorado, the car insurance provider will most likely cover the bill and hire any lawyers required, although your premiums will almost certainly rise. If the crash was caused by the other driver’s negligence, you can need the assistance of a good auto accident attorney to help you recover the money you are due from the liable insurance provider.

In car accident cases, what constitutes negligence?

There are a few different ways to prove a driver was legitimately reckless, and evidence of these actions will help bolster your argument if you’re having trouble collecting from the other driver’s insurance policy. What you’re attempting to demonstrate is that although you were driving with caution, the other driver was not.

Distractions when driving, for example, often cause drivers to behave in a negligent manner. Talking on a mobile phone or even taking a drink of coffee while driving can divert a driver’s attention away from the road, putting other drivers at risk. Driving under the influence is also a form of negligence since it reveals that the driver failed to fulfil the legal “duty of due care” that we all consent to when we get our driver’s licences.

Negligence does not guarantee a positive result.

You must not only show that the other driver was incompetent in his or her duty to pay attention to keep the roads clear, but you must also show that this negligence caused you financial harm for which you are entitled to compensation.

The first aspect is tricky because the other driver – or rather the other driver’s insurance firm – would do everything possible to deny that negligence caused the car accident unless there was a witness to the negligence, admittance by the driver, or any physical evidence of the negligence.


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