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How to Prove Right of Way in Your Car Accident Claim

How to Prove Right of Way in Your Car Accident Claim

What happens during the moment of a car accident is hard to recall, even for the drivers involved. One moment you’re cruising along a familiar highway, listening to the radio, and in an instant, your car can roll over onto its side after you’ve been struck. Insurance adjusters are going to need to know the truth of the incident before they start assigning liability and handing out settlement offers.

If you want to increase your chances of having a successful injury claim so you can recover damages, you need to establish liability. One of the ways car accident victims can do this is by proving they had the right of way, or the legal right to cross the road, at the time of the accident, meaning the at-fault driver was behaving in a negligent manner.

If you are worried that it could be hard for you to prove that you had the right of way when your car accident, check out these three hints for some help:

  • No-doubt: When someone crashes into the back of your car – rear-ender, fender bender, however you want to call it – or turns left in front of you in an opposing lane, it is almost 100% guaranteed that they will be found liable to some extent. Just point to the damage on both of your cars to piece together who was going where when the collision happened. However, even if there is no doubt that they are liable in some way, they might not be found completely liable. This is why taking photographs and videos of the car accident scene is important. Be sure to document the damage to all vehicles involved, the location of the accident, and your injuries. You should still work with an attorney to bolster your chances.
  • Official statements: Eyewitness testimonies are great for your case because witnesses are able to give a play-by-play of how the car accident occurred, but people in uniform are going to have their statements held above all the rest. Police reports, statements from rescue crews, or even notes from paramedics are powerful tools to use to your advantage. Most insurance adjusters will automatically assume a party is liable if a law enforcement officer says they were breaking a traffic law at the time of the crash. When police officers file their required crash reports, you may be able to obtain a copy to use as evidence.
  • Traffic laws: The writing is sometimes written on the wall or at least right on the web. Access local and state government sites to see traffic laws that apply to your town or county. In particular, pinpoint a page on right of way or street markings and research to your heart’s content. Better yet, find a car accident attorney who will do this for you.

Of course, it’s important to know that you never have to navigate a car accident claim and establish liability on your own. If you want to recover the full amount of compensation available to you, you want to hire an experienced personal injury attorney who has represented their fair share of clients. An attorney is likely well-versed in your state’s local roads, laws, and deadlines and is able to use this knowledge to your case’s advantage.

We Can Help You Heal

At Clawson & Clawson, LLP, our Colorado Springs car accident attorneys have successfully settled countless cases out of court to get our clients the compensation they need, when they need it. Our lawyers have been recognized among our peers and in national organizations and have been awarded as Best Lawyers, National Top 100 Trial Lawyers, and more. We live in the community we serve and remain up to date on all things Colorado, and we’re happy to sit down with you in a free consultation so you can learn more about your options and how car insurance works.

Within the realm of car accidents, our team has handled cases ranging from distracted driving accidents and rear-end accidents to texting and driving claims and cases involving uninsured and underinsured motorists. No matter how complicated you think your accident is, you can count on us to provide an efficient solution that is designed to achieve your goals and get you back to your life.

Fill out our form online or call our attorneys today at (719) 602-5888 to schedule a no-cost, no-obligation case evaluation with our caring car accident attorneys.

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