To have grounds for a personal injury claim after a car crash, someone else needs to have been at least partially responsible for what happened. This may seem like common sense, but sometimes it can be challenging to determine negligence after a wreck.


Fault Is a Complicated Concept

Negligence is not cut-and-dry. In fact, you could be partially at fault for an accident even if it was primarily caused by someone else. For example, if you were speeding at the time of the wreck, a drunk driver who ran a red light and hit you would still be primarily to blame. However, your percentage of fault could decrease the amount of money you receive in your settlement.

Additionally, more than one party could be at-fault for your accident, creating the need to sue more than one individual.


Commercial Trucks and Work Vehicles

We can investigate your accident and identify all negligent parties. This is particularly important when hit by a commercial truck or work vehicle. If someone is driving a vehicle for work, the employer could be liable for the accident. It is important to identify this circumstance and name the appropriate party when filing suit.

For example, someone who makes home visits while on the job is likely going to be covered by the employer’s insurance policy. However, if that same individual is a contractor and not an employee, his or her own personal insurance might be responsible for paying financial damages. These are issues we will need to sort through when investigating your accident.


Multiple-Car Accidents Are Even More Complicated

When more than one vehicle is involved in an accident, each driver could be partially responsible for your injuries. Our job is to determine the level of fault that each driver had in causing the accident and then name the relevant ones in your demand for compensation. It takes time to investigate these types of accidents and to build a strong case for negligence.


The Need for Evidence

The stronger your case is, the more likely that you will receive a favorable settlement offer or a higher judgment. This requires gathering evidence to prove negligence:

  • Accident reports
  • Eyewitness and expert testimony
  • Pictures or video of the scene and the aftermath
  • Medical records and doctor’s testimony

If the other party’s insurance company feels that the case is strong, they are likely to negotiate with us and agree to pay your requested damages. Otherwise, your case may end up in court for a jury to decide what your claim is worth. We can represent you in both scenarios.


Discuss Your Case with an Auto Wreck Attorney

To find out who is responsible for your crash and determine what your next step should be, call 1-800-404-9000 or complete the form below to speak with a lawyer from Craig Swapp & Associates.