How an Accident Attorney Helps Place Responsibility Where it Belongs
It’s a given that accidents happen. In fact, it’s something that is taken for granted in daily life. But not every accident is the result of bad luck. There are accidents when there are offending parties who bear responsibility for their actions. It may be the driver of a vehicle failed to pay attention to the roadway and caused an accident, or a store owner failing to maintain safe flooring on their property. These situations and ones like them can be severe enough to require the help of an accident attorney in the Hudson Valley to enforce personal rights and make sure that the accident victim gets fair and just compensation for their injuries.
Who Bears Responsibility in an Accident?
The short answer is “it depends”. All accidents have varying levels of complexity. It may be that one party bears all responsibility for the damages, or the injured party made a decision that contributed to the happening of the accident. The insurance companies involved in assessing the accident look critically at all the factors to determine if a claim should be paid. Insurance company adjusters often deny claims or argue the negligent parties are entitled to reduced responsibility for the accident. The more blame put on the victim, the better it is for the insurer. Injury victims need experienced representation to level the playing field and give themselves the best chance possible to secure the compensation they need and deserve.
How an Accident Attorney Determines Who’s at Fault
An accident attorney in the Hudson Valley works to ensure that the insurance company doesn’t put most or all of the responsibility of the accident onto the victim. This is achieved by investigating the details of the accident, interviewing available witnesses, and the evidence that was collected after the accident. The attorney may call in an expert on accident reconstruction, if necessary, to provide an expert analysis. The more evidence collected showing the fault of the negligent party, the better the accident victim’s case will be presented in court.
The more evidence that shows that the victim bears little to no responsibility for his injuries, the more likely the insurance company handling the claim will respond favorably to the claim. The insurer then has the option to settle the case out of court or contest it further. In the event the insurance company and its attorneys claims that the evidence is inaccurate or insufficient, there is always the option to go to court and have the outcome determined there. There are never any guarantees as to the final disposition of a lawsuit of this nature, but clear-cut evidence goes a long way towards making a strong case for the accident victim.