The usual rule is that the car that rear-ends or hits the car in front of them is at fault for the accident. However, the other rule is that the car already established in traffic has the right-of-way, making a case where one car pulls out in front of the other more legally complicated.
Much will depend on the angle of the crash and what you can prove. It may come down to your word against the other drivers, which is why these types of crashes require an attorney to help protect your own legal interests. The two insurance companies may dispute liability, and your claim may be denied if you try to get compensation for damages and injuries that you have suffered.
If you can establish that another car entered your right of way, they may be found at fault for the accident. Here is some of what you can use to prove your own claim:
- Testimony from witnesses who saw the accident
- The damage from the two cars that can show the angle of the crash
- Pictures from the scene of the accident
An experienced attorney can investigate the crash and help you gather the evidence that you need to prove that someone else was at fault. Without legal representation, you may be at risk of the insurance companies finding you at fault because you may just have your word to back up your side of the story.
Missouri and Illinois Personal Injury Attorneys
The call to an attorney after a car accident is one of the most critical ones that you will make. This call should be to Walton Telken. You can reach us at (844) 307-7349 or online to schedule your free initial consultation.
FAQ
What is the legal test used to decide fault in a car accident?
The driver who was negligent will be at fault for the accident.
What if both drivers shared responsibility?
The court will look to see if one was more than 50% responsible for the accident. The one who was less than 50% can receive compensation.
How much is my car accident case worth?
You can be paid back for the full value of your own damages.