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Proving Liability in a Car Accident

New Hampshire Car Accident Lawyer

After being involved in a car accident, fault and liability can become an issue. It can be a complex process to prove that one party carries the liability for the car accident. Generally, the person who acted negligently or made a mistake on the road will be deemed liable, but it is not always that simple. Even if both drivers are aware of the person who caused the accident, insurance companies often require more proof that that.

Unfortunately, it can be difficult to gather the evidence needed to show liability. If you have been in an auto accident, contact Mulvey, Cornell & Mulvey. We have years of experience dealing with insurance companies and we can help you build a case.

Evidence Needed When Proving Liability

In order to provide insurance companies with proof of liability you may need to gather as much evidence as possible. Some of the things that can aid you in building an argument include:

  • A police report of the accident: If police show up to your accident they have to file an official police report. Be sure to get a copy of this report because it can serve as evidence to help your case.
  • The state traffic laws: There are laws in every state that govern driving and these rules can help you show who made the mistake. If one driver made a "right of way" error or violated the speed limits, the state laws can support your case.
  • Pictures: Capturing evidence on the scene of the accident can help to later prove facts in your case. Take pictures of the cars, the damages and the areas surrounding the accident.
  • Witness statements: Collecting statements of witnesses who saw the accident can also serve as evidence in your case.

There are some cases where insurance companies do not really bother to argue. These cases are called "No-Doubt" Liability accidents. This could include a rear-end accident which is almost always the fault of the person who hit the car in front of them. Even if a driver slams on their breaks, the driver in the rear who hits them is often held liable for not leaving enough room and not stopping in time.

First Steps After a Car Accident

The things you do immediately after the accident greatly affect the process of proving liability. First, you need to stay at the scene, you do not want to be charged with a hit and run. Second, check for injuries and make sure everyone involved receives the care that they need. After that, you need to call the police. Police reports are a valuable source of evidence. You also need to exchange information with every party involved. This includes their name, phone number, address, license number and insurance information.

One key thing you should not do is apologize for anything that happened, this can be used as evidence that you admitted fault on the scene. It can also be helpful to talk to the witnesses and collect their information as well. Taking pictures is a valuable way to preserve evidence and capture what exactly happened. Once you leave the scene, you need to inform your insurance company of the accident. You should also seek medical attention. Not only does this help you recover, but a medical record can also serve as proof in your case.

Lastly, hire a skilled car accident attorney in New Hampshire to represent you. Mulvey, Cornell & Mulvey has been helping injured victims in their car accident cases for years and we can help you prove liability in yours. Call today to schedule your free case evaluation.

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Mulvey, Cornell & Mulvey - New Hampshire Personal Injury Lawyer
Phone: (888) 879-4109 | Local Phone: (603) 431-1333
Located at 378 Islington Street Portsmouth, NH 03801. View Map