The Oklahoma auto accident attorneys at our firm outline how we determine fault
The first step to any lawsuit is determining who is to be held liable. Whoever is at fault is the person who will be the target of the lawsuit, known in legal terms as the defendant. There is a specific process that we use in order to determine fault. While this can occasionally become complicated, it is important that any potential clients understand the process.
Determining fault in a car accident
- Assessing each driver’s “duty.” There is a “duty” for everyone behind the wheel on the road to look out for the safety of other drivers. If we find that the driver failed to abide by this duty, he or she could be held at fault for the accident.
- Assessing avoidance. Did the drivers do what they could to avoid the collision?
- Assessing the rules of the road. We double check all speed limits and traffic laws in the area and cross-check those rules with the duties of each driver to determine whether either breached those duties.
- Assessing the correlation between the duty and the damage. If a driver failed to abide by his or her duty, we examine the damage of the accident even further. This means establishing a cause-and-effect relationship between what the driver did wrong and the resulting damage. To prove negligence on the part of the driver we believe to be at fault, we need to prove a relationship between the effect (the accident) and the potential cause (the way the driver failed to abide by his or her duty).
- Assessing the damages. Damages can be defined as property damage or physical injury to the driver or passenger. Any damages to the car must be related to the cause of the accident. To collect damages, injured parties must prove that their injuries resulted from this accident. In most cases, this is fairly straightforward, but there are some exceptions, especially when it comes to low-speed collisions.
When it comes to car accidents, our team of legal professionals knows what it takes to develop winning strategies for a successful case. In the process, we can also help you learn what car accident victims need to know about insurance companies.
This is a very basic explanation of how we determine fault in a car accident, but we would be happy to answer any further questions you have about this or any of our other areas of practice.
Contact an Oklahoma auto accident attorney for more information
Call the offices of Stipe Law Firm today or contact us online to learn more about your options. We offer free consultations, and you don’t pay any attorney’s fees unless you recover compensation in your case.