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How Liability is Determined

How Liability is DeterminedFollowing a motor vehicle accident such as a car accident, motorcycle accident, or semi truck accident, you will realize determining liability after an accident is important for your case. To receive full compensation for your injuries, fault must be placed on the other party. Determining fault after a serious car crash can be a stressful, combative experience. So how is liability determined after an accident? That depends on evidence found at the crash scene as well as the police and insurance adjusters.

How Liability is Determined

Oftentimes fault is determined by reviewing traffic laws to see if any violations occurred to determine if a persona acted negligently. There are four primary factors used to determine liability which is as follows.

Prove Negligence

The most common way to determine liability is proving negligence. Negligence is careless or unreasonable conduct while driving which results in harm or damage. Examples of negligent driving is when a driver fails to yield the right-of-way to avoid a crash or by running a red light at an intersection. Violating the law such as reckless driving, speeding, or any other violation will most likely determine the driver at fault for an accident.

Gather Witness Statements

Gathering statements from witnesses to the accident often help to determine liability. Their statements have a very clear idea of who was at fault for the accident and can present evidence later on.

Take Photos of the Accident Scene as Evidence

Expert analysis of the crash scene or photos of the accident scene can determine things such as if any traffic laws were violated.

Other Statements

If a driver involved in the accident admits fault, this can be used to assign liability. Statements such as “I didn’t see them coming,” can do a lot of damage to that person later on.

 

Experienced Personal Injury Attorney in Salem, OR

If you have been involved in a motor vehicle accident, you need an experienced personal injury attorney on your side to handle the case. The attorneys of Parke Gordon Law Firm understand and know how to get the most compensation for their clients by making sure liability is determined correctly. Call our Salem law office now at (971) 915-4878 now for a free consultation.

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Parke Gordon

University Station Executive Suites
698 12th St. SE Ste 240
Salem OR 97301
Phone: 971-915-4878

 

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