When you’re in a car accident, arguably the most important thing that you’ll need to figure out is “liability.” This is just the legal responsibility for causing the accident and having to pay for your damages, but it’s not always straightforward. Our team has the experience and resources to pinpoint liability and make sure you’re treated fairly in the process.
How is Liability Determined in a Car Accident?
While every car accident is different, one thing that’s universal is that somebody is responsible for what happened. But to determine liability, you have to show negligence. Negligence has four elements in a car accident:
- A duty of care to drive safely
- A breach of that duty
- The breach of duty leads to the accident
- The accident leaves you injured
This might seem straightforward, but it can get extremely complicated. With a car accident and negligence involved, liability can fall on any (or multiple) of the following:
- Other drivers involved in the accident
- Vehicle owners who allowed someone else to drive their car
- Car or part manufacturers if a defect played a role
- Government agencies responsible for unsafe roads or missing signs
As our video points out, liability has a huge impact on how quickly your claim plays out. If it’s unclear, the insurance company is going to have to go deeper on its investigation, which drags the process out. If liability is clear, then the driver or responsible party’s insurance company will most likely accept responsibility and offer you a settlement.
What Else Do You Need to Do After a Car Accident?
The aftermath of a car accident is an incredibly confusing time, especially if it’s a serious crash or you’re more severely injured. So, even though it’s incredibly important, liability for the accident might be the last thing on your mind. That’s when you can lean on our team for guidance and support. Before you contact us, though, you need to take a few steps to get important information at the scene:
- Call 911 for an ambulance. Also ask the dispatcher to send the local police.
- Move your car if you can. If it’s safe, pull over to avoid causing another accident.
- Ask for the other driver’s name, contact details, and insurance information. Do this for witnesses, also.
- Take pictures or video of the damage, the road, signs, and anything that might help show what happened.
- Even if you feel fine, some injuries show up later–getting checked can protect your health and your case.
- Be careful when talking about the accident. Don’t admit fault, speculate, or exaggerate what happened.
- Save everything. Keep your medical records, repair estimates, and notes from the insurance company in one place.
Staying calm and taking these steps can go a long way in protecting your health and your legal rights. Once you’ve had a chance to catch your breath, it may be time to get legal guidance.
Talk to Quirk Accident & Injury Attorneys After a Car Accident in Thousand Oaks
Car accidents in Thousand Oaks can turn your life upside down. When they do, we’re here to help. At Quirk Accident & Injury Attorneys, we work to hold the right people accountable and help you recover what you’ve lost–without the stress. Reach out today for a free consultation to get the process started.