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Determining fault in the aftermath of a motor vehicle accident

On Behalf of | Jan 18, 2018 | Firm News, motor vehicle accidents

In the aftermath of a serious car accident, most people are, rightfully, focused on getting medical treatment as soon as possible and making sure that the path toward a full recovery of health is in order. However, as those immediate concerns are addressed, the injured victims are likely thinking of one other point: Who caused the accident to begin with?

Determining which party was at fault after a motor vehicle accident isn’t always the easiest question to answer. While in some cases, such as rear-end collisions, it can be more obvious which party was likely at fault, other accidents have circumstances that are not as clear.

In order to determine fault in a car accident, it is necessary to consider whether any party involved acted negligently in causing the accident. Under the law, this means that the negligent party had a duty to other drivers and that duty was breached, and the breach of that duty resulted in the car accident and the injuries to the victim.

Obtaining evidence is the key to establishing fault, and once the evidence is obtained, it can be used to prove fault in court when a personal injury lawsuit is filed. This usually means that photographs, eyewitness testimony and medical records will be crucial pieces of the puzzle. When the injured party has the foresight to collect this evidence as it becomes available, the task of determining fault and then proving it can be much easier for Cincinnati residents to accomplish. If you have been injured in an accident, you may wish to consult with an attorney to determine if a lawsuit may be appropriate.