Determining legal responsibility in the event of an accident can be tricky. It is easy to point fingers and accuse someone of their negligence. However, proving who’s at fault is not as easy as it seems.
Whether you are located in a large city or a county like Kent, the first thing you should do is hire an experienced personal injury lawyer. Your attorney can help iron out the details to determine who is responsible for your injuries or damages.
There is no limit to what can cause an accident. It could be a faulty part in a car or a scaffolding’s weak material. What is important is to find out who was responsible for such an incident.
Proving innocence and fault
Most accidents happen because of someone’s negligence or carelessness, where one person was involved in the accident because of the fault of another. Regardless of how the accident occurred, you can file or secure fair compensation for your injuries and damages. This, however, requires proving your innocence first.
By proving your innocence in the accident, it would be safe to assume that another person was responsible. To do this, you need to secure evidence in the form of photographs and eyewitnesses. The photos can help paint the story in court and show what was damaged and hopefully, how it happened. If you are unable to do so because of your injuries, make sure someone else takes the photos for you.
With eyewitnesses, your case can be more believable. Written or personal statements by these eyewitnesses will be valuable when proving one’s fault and innocence. If you are unable to find any willing or available witnesses, CCTV footage is also a valid form of evidence.
Both parties were at fault
When both parties are at fault, this changes how a personal injury lawsuit and the claim will go down. Ultimately, it all falls down to who was more at fault, but that does not totally absolve the one with less negligence. For example, if a person drove past a red light and then got hit by a drunk driver, the circumstances change.
This will take further deliberation and trials by local law enforcement and the court. Most likely, an instance like that would end with both parties receiving some form of compensation or none at all.
Receiving compensation for your injuries
The compensation will depend on the severity of the injuries and damages. This will be determined by your local laws or by your own negotiations with the other party. However, if you decide to do an informal settlement, it might still not be enough. If one party was proven to break other laws leading up to the accident, it might be enough for local law enforcement to step in and file their own lawsuits.
If you can find the person or persons responsible for the accident, then you are already one step closer to settling the problem. Whether that happens in court or informally between the parties involved is up to you. What is important is that the guilty party must be named and found so that the compensation and further legal action can push through.