Liability is one of the most significant aspects of any car accident case. The question of who was at fault for the accident influences whether you can bring a personal injury lawsuit and how much compensation you receive. In today’s post, our Sault St. Marie accident benefits claim lawyers will discuss why liability is so important, how fault determinations impact financial compensation, and how to prove liability to maximize your claim.
Why is the question of liability so important?
Liability determines who is financially responsible for property damage and personal injuries caused by a motor vehicle accident. Sometimes the question of fault is clear, and the at-fault party (the defendant in a personal injury lawsuit) will admit responsibility for the accident. In other cases, liability is a hotly contested, he said/she said battle.
If you are 100% at fault for the accident, you can’t bring a personal injury lawsuit against anyone else to recover damages for your injuries (though you can still make a no-fault accident benefits claim to get income replacement benefits, attendant care , caregiving, non-earner benefits and reimbursement for out-of-pocket expenses such as medication and treatment costs). If you are at fault and are catastrophically injured you can also claim Housekeeping and Home maintenance expenses, and the costs of future treatments for life.
In a personal injury lawsuit, you can claim a wider range of damages that are not covered by a no-fault accident benefits claim. In a personal injury lawsuit, you can claim compensation for damages for pain and suffering, past wage loss, future income loss, out-of-pocket expenses, housekeeping and home maintenance expenses, and the costs of future treatments.
If someone else is partially or entirely at fault for the accident, you can bring a personal injury lawsuit against them to recover damages for your injuries in addition to making a no-fault accident benefits claim.
Sault Ste. Marie lawyers on how fault impacts compensation
As we just discussed, the question of fault determines the types of compensation you are entitled to claim (no fault accident benefits only vs. no fault accident benefits and damages in a personal injury lawsuit). But the story doesn’t end there. Fault also has an impact on the amount you receive in your personal injury lawsuit.
Here is how it works: If the defendant in a personal injury lawsuit is proven to be 100% at fault, the injured person recovers 100% of their damages. If the defendant is only partially at fault, the injured person’s financial recovery is limited based on the apportionment fault. For example, if each party is found to be equally at fault for the accident, the injured person will receive 50% of their damages. If injured person is 25% at fault, their damages will be reduced by 25%.
How to prove liability for a motor vehicle accident
As you can see, proving liability has significant financial ramifications. If liability is not admitted by the defendant, the person claiming damages in a personal injury lawsuit has the burden of proving liability. In other words, the injured person must provide evidence to prove on a balance of probabilities that the defendant’s negligence or misconduct caused the accident.
Proving liability starts at the scene of the accident. You should:
Exchange contact information and insurance details with the other driver(s) involved in the accident. Don’t admit liability or offer to pay for damages.
Call the police (and ambulance if needed). Provide a statement to police but do not admit liability. Get a copy of the police report.
Take photographs and videos of the scene of the accident that show as much detail as possible (damage to vehicles, skid marks, where the vehicles came to rest after the collision, weather, lighting conditions, etc.).
Gather names and contact details for any independent eyewitnesses.
If your injuries are severe, you will not be physically able to take those steps. You or a loved one should reach out to a personal injury lawyer as soon as possible. The lawyer can assist with gathering evidence after the fact, including documenting and analyzing the scene of the accident and tracking down/interviewing eyewitnesses.
How a personal injury lawyer can help you prove liability
It’s highly recommended that you hire a personal injury lawyer in any case where liability is contested or outright denied. Personal injury lawyers are skilled at tracking down evidence to corroborate your version of how the accident occurred, such as:
surveillance footage of the accident
eyewitness statements
scene measurements
technical data (e.g., supporting information about the timing and duration of traffic lights at the intersection where the collision occurred)
evidence from expert witnesses such as a accident reconstructionist or engineer
In addition to gathering and persevering corroborating evidence, your lawyer will help strengthen your case in a number of ways. Your lawyer can:
Advise you on what information to share with the insurance company and the defendant, so that you don’t accidentally admit fault or overshare information that hurts your claim.
Ensure that any statements you give are consistent and truthful. If you provide inconsistent statements or inaccurate information to the police, the insurance company, or the defendant, your credibility will take a hit—making your version of events less believable.
Explain the laws and regulations that apply in your case, and research court decisions to locate factually similar cases to support your liability argument.
Conduct a thorough questioning of the defendant at the examination for discovery to gain helpful evidence and admissions.
Prepare a compelling case on your behalf from day one with an eye toward early resolution and maximum settlement.
Many personal injury lawsuits settle out of court without the need for a trial. Where liability is contested, it’s important to build your case as if you will be going to trial. That way, if the defendant is being unreasonable, you are ready to take your case to trial to get the compensation you deserve.
Legal Advice For Personal Injury And Accident Benefit Claims
Sault Ste. Marie lawyers at Feifel Gualazzi specialize in obtaining financial compensation for people who’ve been hurt in motor vehicle accidents, bicycle accidents, pedestrian accidents, and accidents involving ATVs, motorcycles, and snowmobiles.
From navigating the insurance process to finding compelling witnesses and evidence to prove liability, our team has the experience and focus to hold the at-fault parties accountable and get you the compensation you deserve.
Feifel Gualazzi handles claims for motor vehicle accidents across the Algoma District and Northern and we offer a free, no obligation case evaluation. Contact us to talk to a personal injury lawyer today.
Comments