Recovering from a car crash can be a taxing process. Serious injuries, lost wages due to unpaid time off of work, and expensive auto repairs are just a few of the potential consequences of an automobile accident. The last thing you want to deal with after a wreck is the legal burden of fighting for financial compensation.
If you have suffered injuries in a motor vehicle collision, it is imperative that you reach out to an experienced injury attorney as soon as possible. An Enfield car accident lawyer could work to ensure that the responsible parties are held liable, and you are compensated fairly for your injuries.
Determining Negligence in a Car Crash Claim
Driver error is often the basis for a motor vehicle accident claim or lawsuit. When a motorist breaches the duty of reasonable care that they owe others on the road, this is known as negligence.
If a driver’s negligence causes an accident, the at-fault party could be liable for an injured person’s losses. A skilled local attorney could investigate whether negligence on the part of a driver’s employer, a vehicle manufacturer, or a local government entity might have contributed to a car accident.
Gathering Evidence in a Motor Vehicle Collision Case
Identifying the at-fault party and establishing negligence is a critical factor in the process of resolving automobile wreck claims. To successfully prove fault, the injured party must gather and present strong evidence against the reckless driver.
Police reports often contain information that points to one driver being at fault. If the police issued a citation to one or more drivers, those documents would be considered evidence of fault. If it is unclear which driver is at fault or responsibility is shared among two or more drivers, insurance adjusters will review other forms of evidence, such as:
- Drivers’ accounts of the incident
- Witness statements
- Vehicle damage
- Skid marks and other evidence at the scene
- Vehicle “black boxes” if available
- Video and still photos from surveillance cameras or in-vehicle systems
- Other electronic data that might provide useful information, such as in-vehicle warning and emergency reporting systems
Insurance companies will use this evidence to apportion liability among the drivers involved. An Enfield attorney could also gather and review the evidence on behalf of a driver and ensure that they do not bear more than their fair share of the fault for a car crash.
Pursuing Damages Through an Insurance Claim or Lawsuit in Enfield
The at-fault driver’s liability insurance is responsible for covering the losses of the injured party. The minimum coverage limits are $25,000 per injured person, $50,000 total for personal injuries, and $25,000 for property damage.
Depending on the severity of the accident, all potential sources of insurance coverage may not provide adequate compensation to the injured party. In that case, a personal injury lawsuit might be a viable option for recovering the remainder of the compensation needed after a car wreck.
How Comparative Negligence Could Affect Damages
It is possible for an individual injured in a crash to also bear some responsibility for the accident itself. In many of these cases, a negligent plaintiff still retains the right to claim some level of damages.
Enfield follows a modified comparative negligence theory. Connecticut General Statutes §52-572o permits a partially responsible plaintiff to collect damages from other negligent parties, provided that the plaintiff is not more than 50 percent responsible for the incident. A negligent plaintiff who is less than 50 percent at fault could collect the portion of their total damages that is attributable to the actions of others.
For example, if a plaintiff is found by the jury to be 30 percent responsible for an accident, they will be able to recover 70 percent of the total potential economic damages in an automobile collision case. A defendant’s insurer may attempt to reduce the amount of damages they have to pay by attaching blame to an injured party. A practiced car wreck attorney could advocate for the plaintiff’s best interests and prevent an unfair delegation of blame.
Reach Out to an Enfield Car Accident Attorney About Your Case
There are many laws governing the assignment of responsibility and delegation of monetary awards for a motor vehicle crash. Ensuring that your injuries are properly compensated requires the counsel of a practiced legal advocate.
An Enfield car accident lawyer could review your case, speak with insurance adjusters, and demand fair compensation for your losses. Reach out today to learn more about what we could do for you.