Chenoweth Law Group

Ways in which car accident liability is established

Oregon drivers may be interested how liability is ascertained after a car accident. Without this important information, it may be difficult to prove that a driver was negligent and caused the accident. There are several ways to establish liability, and being aware of what to do may help. When an accident happens, it is necessary to document how it occurred. In some municipalities, police are no longer required to appear at an accident site if no one was injured. If authorities are on site, obtaining a copy of what is reported may assist in proving fault. An insurance company may use this in its assessment of the accident.

The police report includes the officer's conclusions based on an evaluation of the accident. Speeding prior to a crash often results in skid marks of varying lengths. Witness accounts and traffic tickets may be noted in the report. If the report appears to be in error, it may be possible to amend it. The difficulty here may reflect the type of error that was made. In addition, the procedure to amend the report might differ from one jurisdiction to another.

A settlement may be offered, and sometimes it might be appropriate to agree to that. Whether a settlement is accepted differs based on the case. Consideration may be given to the type of insurance the responsible party has and his or her financial situation. The likelihood of being successful in personal injury litigation is dependent in large part upon the available evidence.

An attorney may offer insight based on such factors as well as research the way in which similar cases were resolved or whether a settlement is appropriate. There are other considerations, and an attorney may provide advice on amending a police report in a specific area.

Source: Findlaw, "Car Accident Liability: Proving Fault in a Car Crash ", accessed on Jan. 19, 2015

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