Baton Rouge, LA – When someone is injured in an accident, there are several different reasons why they may be able to collect compensation through a civil lawsuit. In most cases, this is because the driver who caused the accident is also found to be at fault for the purposes of insurance and in a negligence lawsuit. There are several different factors that go into proving fault through various forms of evidence. The driver at fault will often have to pay for all losses, whether through a lawsuit or the insurance process.
Evidence collected at the accident scene
There are traffic experts with most police departments who will respond to the scene and start to gather evidence. They will report what they find in a document that is essentially an accident report, which is provided to everyone involved and insurance companies. The officers at the scene may conclude based on the placement of the vehicles and other things they find at the scene that one driver may have been speeding, made an illegal turn, or engaged in some other mistake in the moments immediately before the accident and caused the collision. Their findings are probably the single most important piece of evidence in most accident cases because they offer an objective look at how the accident likely happened.
If a driver is found to have violated a traffic law in the moments before the collision, this can become another very important piece of evidence. This likely means that the accident would not have happened if not for the traffic violation. While traffic tickets are not conclusive for the issue of fault or negligence, they can be a piece of evidence that is very favorable for the party suing the driver.
Most drivers will want to contact their insurance company and file a claim, even if they plan on filing a civil accident lawsuit. The insurance claim process is mostly meant to cover vehicle damage and liability for the driver who is covered by the policy, but sometimes insurance companies may go through their own legal process if they determine that one driver is clearly at fault and responsible for the losses sustained by the others in the accident. The insurance company that covers the driver who was at fault may have to end up essentially covering all of the costs tied to the accident.
Speak with a lawyer about an injury lawsuit
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