Fault Does Matter in Car Accident Injury Claims

Getting into a car crash is a stressful experience for anyone. What you might not realize is that there are a lot of things that you will have to handle after you leave the scene of the accident. You will likely have to deal with insurance companies. You might also have doctor appointments and therapies if you were injured in the crash. One of the primary factors that comes into the picture when you are seeking compensation after a crash is the concept of fault. Who was at fault? Who caused the crash? This can make the difference between a person receiving compensation to cover the expenses of the crash or being stuck having to cover all of those. Here are some points to remember about car crashes:

Facts stated in the police report help determine fault

When you are in a crash, you should contact the police department to have to report made. If there are injuries or significant damage, you must contact the police to come out right away. Don’t leave the scene of the accident before the police arrive unless the paramedics are bringing you to the hospital.

Make sure that you aren’t admitting fault when you speak to the police or anyone else. This includes making statements about being sorry that the accident occurred. Anything that seems like an admission of fault could be used against you if you opt to seek compensation for the crash.

There is a chance that something in the police report will be incorrect or missing. If this is the case, you might be able to amend it so that it contains accurate information.

Type of accident might be important

Some types of accidents are fairly easy to determine fault. A head-on crash that involves a driver going the wrong way on an interstate would usually be the fault of the wrong-way driver. A rear-end crash is almost always the fault of the vehicle with front-end damage. A left turn accident is likely the fault of the driver who was turning. While there are some exceptions to these cases, they aren’t common.

Rules of the road apply

The Mississippi traffic laws will apply to crashes. Getting to know the statutes that apply to your case can help you during your battle for compensation. Of course, these laws are complex, so you might need to work with someone familiar with them to ensure that you are interpreting and applying them correctly. Contact us today for a consultation.

About the Author
Jefferson D. Gilder is a Partner at Chatham Gilder Howell Pittman and was admitted to the Mississippi and Tennessee Bars in 1990. Mr. Gilder is admitted to practice in all courts in Mississippi and Tennessee including Federal Court, the Fifth and Sixth Circuit Courts of Appeal, and the United States Supreme Court. Mr. Gilder's areas of practice include personal injury, criminal, medical malpractice, civil rights, and product liability. Mr. Gilder spent his first ten years as an attorney practicing with his father, Robert G. Gilder, at Gilder Law Firm in Southaven, Mississippi before forming Gilder, Howell & Assoc., P.A. with Jamie W. Howell, Jr. in June of 2000. This firm although as another legal entity has now combined their resources and experience with Chatham – Pittman, to form Chatham Gilder Howell Pittman. If you have any questions about this article, you can reach Jefferson through our contact page.