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Proving Liability After a Car Accident

Liability is a key concept for the purpose of securing compensation after a car accident. When the other driver is held liable for a crash, it means that he or she was responsible for the accident and may be required to pay for the damages. There are many ways a car accident attorney in San Jose can establish liability. You can assist your personal injury lawyer in obtaining compensation on your behalf by writing down important details about the crash. These include the names and contact information of any witnesses, as well as what happened before and during the incident.

Traffic Laws

A personal injury lawyer may establish the other driver’s liability by demonstrating that he or she violated traffic laws. For example, the attorney may argue that the other driver failed to come to a complete stop at an intersection, which resulted in him or her striking your car. Or, the other driver might be liable based on speeding, using a cellphone while driving, running a red light, or driving while impaired by drugs or alcohol.

Physical Evidence

Physical evidence can be helpful in determining liability, particularly if the case results in a lawsuit. An attorney can request a copy of the police report, for instance, to determine whether the other driver was ticketed for traffic violations. It’s a good idea for car accident victims to take photographs of the damage to the vehicles, their injuries, and the scene of the accident. These photographs can substantiate the allegations made in a personal injury claim and they may also be helpful for determining damages. Additionally, if the accident occurred at an intersection, the personal injury lawyer may be able to obtain surveillance footage from red light cameras.

Witness Statements

The statements of witnesses can support a personal injury claim. For instance, if another driver struck your parked vehicle while you were not there and then fled the scene, a witness might provide a statement disclosing what happened. He or she might also have information such as the vehicle’s license plate number.

traffic violation

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