Friday, August 29, 2014

How an Accident Attorney in Rapid City SD Evaluates Liability

If you have been in a car wreck, an accident attorney in Rapid City can help to determine who is at fault and create a strategy for getting the compensation you deserve.  Many people think that resolving a car accident is a fairly simple endeavor.  The reality is that there can be more than one person to blame, and the insurance company will do whatever they can to avoid having to pay anything.  You can’t take anything for granted but instead, build a case for why you are not at fault and deserve compensation.

First, we need to show that you are not liable for the accident.  In order to do so, we will want to know every detail about what happened before, during, and after the car crash.  Leave nothing out because you never know what could be of importance.  We will want to know about the weather, where you were going, the direction you were driving, how fast you and the other driver were traveling, if anyone else was in the car, etc.  We don’t leave any stone unturned because it could be the one piece that tilts the case in your favor. 

One thing that has become common is for the other party to try and claim that there was joint liability for the accident.  For example, if you were driving straight and they did a turn into you, they may claim that you were speeding, and that is why they hit you.  While this may seem ridiculous, it is a fairly common argument that we can dispute by gathering our own set of evidence. This is why knowing every detail is so important and as an accident attorney in Rapid City, we always do our research.

Once we have gathered the evidence to prove that the other driver was at fault, we start to evaluate who may be liable for the accident.  As an accident attorney in Rapid City, we commonly look at cases where more than one party may be liable.  For example, if you were hit by a delivery truck driver, they may have been the driver but the company itself could be liable.  The same holds true if you get into an accident with someone that works for the city.  We have to sort through the details to determine who is the best party to seek damages from – the driver or their employer.  Additionally, you may get into an accident with a driver that is borrowing someone else’s car.  In this case, we have to find out if the driver was insured or if the owner of the vehicle had coverage for anyone driving or just themselves.  These details are important to know before proceeding.  

After setting a clear course of action, we can proceed in seeking damages. We will often try to negotiate first in order to keep the case out of court.  This is in your benefit because negotiations can be quicker and less costly.  If, however, an agreement cannot be reached than going to court may be your only chance of getting compensation.