Being in a car accident can feel like you’ve been to hell and back. If that wasn’t bad enough, you may also have to deal with a lot of finger pointing, with the other party’s lawyer trying to prove you were at fault, even if you weren’t. So how do you go about proving that the ‘at-fault’ party isn’t you, but the other driver?
Why it is Important to Prove it was the Other Driver’s Fault
Things happen really quickly in a car accident. You react as fast as you can, so does the other driver, but sometimes it isn’t fast enough. Pinning down who was actually responsible isn’t always easy, but it is important for things to move forward. In West Virginia, the ‘at-fault’ driver’s insurance company need to pay damages and compensation to those involved and affected. Which is why there is so much attention given to this step of the investigation.
Hire Lawyers to Protect your Best Interests
In some cases, there’s no doubt who was to blame. Like if the other driver was DUI(driving under the influence) or cutting a red light. Even so, you will still need to prove this is what happened. If things are less clear cut, your task becomes that much harder.
The other driver’s insurance company and legal team will do what they can to try and see if they can prove that their client is not at fault. Equally, during questioning and interviews, a case may be built against you. It is vital that you hire a good personal injury lawyer offers and have a legal team experienced in handling car accident cases.
If you are clearly not at fault it is advisable to call your insurance agency as soon as possible – even from the accident site. That way, their investigators can document the witness accounts and get statements from the police and first responders. This can be used to build a strong case in your favor and absolve you of fault. Equally, it can be a time that’s crucial for them to get eyewitness accounts that can demonstrate how the other driver was at fault.
Remember, even for the damages and compensation you wish to claim, you will need to prove that the other driver was at fault to get their insurance company to pay up. If you are bringing a suit against the other driver, you must also keep in mind that the statute of limitations for such cases in West Virginia runs to 2 years. So acting quickly and building that case at the soonest is also crucial.