Every marriage is not meant to last forever. No matter what the reasoning behind the divorce, it is important to have legal representation for each side. I almost lost everything because my former spouse said that he was taking care of things and that he would be fair about how the assets were divided. It took several weeks for me to find out what he was up to. It was then that I hired my own attorney and got what I deserved. You should never attempt to go through a divorce without a lawyer working on your side. On my site, I have listed several of the issues that can get overlooked if you are inexperienced with divorce documents and proceedings.
When a car accident lawyer tries to figure out what to do with a case, one of the first questions they look at is the issue of fault. Especially if you're sure the other driver messed up in the moments leading up to an accident, this can seem like a simple problem. From the perspective of a car accident attorney, though, it can be challenging even in simple cases. Take a look at how insurance companies, lawyers, and courts try to address the question of fault.
Review the Client's Auto Insurance Policy
The first order of business is simply seeing what the insurance policy for the car says. It's not uncommon for people to acquire no-fault insurance in states that allow or encourage it. When you have a no-fault policy, you have to concede most of the work to the insurance adjuster and accept the answer they provide regarding fault and compensation.
One exception is if you suffered catastrophic injuries. Even in states that have hardcore no-fault insurance systems, a catastrophic injury provides the victim a chance to seek greater damages within a fault-based legal structure.
Beyond the possibility a state has a no-fault system, there are other issues about what counts as fault for an accident in some states. For example, does a driver in your state have a duty to avoid rear-ending someone else's car? In some states, there's an assumption of fault when this happens.
Many types of traffic laws also come into play. States have different regulations regarding things like left-hand turns at red lights and time stopped at a stop sign. Likewise, many states assume a party that committed a traffic crime at the time of an incident is at fault.
The alleged at-fault driver in many cases often engages in conduct that's risky. At the extreme end, you have things like speeding, texting, and drunk or sleepy driving. On the other end, there may be seemingly minor choices like fiddling with radio controls or turning to talk with a passenger in the car.
Evidence of distractions and driver behavior are easier to find with modern technologies. For example, a car accident lawyer might demand the discovery of a driver's phone records to see what the data tells them about the motorist's state of mind. Someone who was texting heavily, for example, might have greater civil legal exposure than a motorist who was focused on driving.
For more information, reach out to a car accident lawyer.