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How To Sue The At-Fault Driver

When you are on the road, you want to believe other drivers are as careful as you. Realistically, we know this isn’t true. Other drivers make bad decisions and ignore the rules of the road. When someone else crashes into you, is it okay to sue the at-fault driver?

anger towards the at-fault driver

Good Drivers and Car Crashes

Even good drivers get into crashes. It’s not always possible to avoid a collision with a bad driver. Sometimes you cannot avoid a crash due to other people’s bad driving. Should you have to pay your deductible and other crash-related expenses? How do you sue the at-fault driver?

The Crash Wasn’t Your Fault

Following a car crash that wasn’t your fault, you don’t deserve more problems. Recovering from an accident may leave you with thousands of dollars in bills. Many times, these are expenses you weren’t planning on and cannot afford. Unexpected expenses can include medical bills, repairing damaged property, and lost wages. You shouldn’t have to pay for the negligence of someone else. At Kane and Silverman, we want to help you sue the at-fault driver and get you the compensation you deserve.

Proving Fault

Under the law, it’s possible to sue the at-fault driver for damages acquired in an accident. But, when you want to sue the at-fault driver in a crash the first thing to do is prove fault. Sometimes, it is not easy to prove who was at fault. To be an at-fault driver, their actions must have directly caused the accident. In most situations, the at-fault driver does not intend to cause a crash. However, their bad driving choices cause a crash. The hard part can be proving they were at fault.

How can you prove the other driver is at fault?

  • police reports
  • blood alcohol/toxicology tests 
  • photos/videos from the scene of the crash
  • statements from eyewitnesses
  • surveillance videos from nearby businesses or traffic lights
  • accident reconstruction reports from experts
speeding driver injury lawyer

Responsible Driving

All drivers owe a duty of care to other drivers on the road. Drivers must operate their vehicles responsibly and carefully so as not to injure others. If a person does adhere to this responsibility, they can harm themselves and others. When another driver hurts you, their insurance should pay your bills.

Comparative Negligence

In a car crash, it is possible the at-fault driver’s insurance will deny paying for the damages. Insurance companies and courts will use “comparative negligence” to assign a percentage of fault to each driver. Remember, insurance companies want to keep as much money as possible. The act of denying the claim is a trick to avoid paying you the money you deserve.

How Insurance Companies Use Comparative Negligence

Insurance companies use comparative negligence to try to get out of paying a portion of claims. How can they do this? The insurance company will try to put at least part of the blame on others involved in the crash. We find that certain insurance companies blame the other drivers even when their driver was 100% at fault.

How To Fight Comparative Negligence

The insurance company may have you at a disadvantage. It depends on the exact circumstances, but it is possible to fight a comparative negligence claim.

In a crash that only involves damage to vehicles (no injuries), talk to your insurance company. It might be possible to request arbitration. It gets easier to assign blame when the evidence supports the claim.

In crashes involving injury, you should talk to a personal injury attorney. An injury attorney can help you weigh the options and possible outcomes. Plus, an attorney will make sure you get the compensation you deserve.

Suing The At-Fault Driver

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Car Crash With Injuries

Can you sue the at-fault driver? It depends on the situation. If you have injuries from a car crash that wasn’t your fault, talk to an injury lawyer.

Vehicle Damage Only

If there are no injuries, you might have to rely on working with your insurance to get the best possible outcome. In these situations, it would cost more money to hire a lawyer than you would ever recover. The at-fault driver’s insurance knows this. But, you might be able to ask your insurance for an arbitration.

Does My Insurance Cover Anything?

Insurance coverage can be so confusing! Each situation is different. Your insurance might not cover everything – even though you weren’t at fault. If you’re stuck getting the runaround, give us a call for free advice.

Kane & Silverman Can Help You

Getting into an accident is a scary and confusing time, and we are here to help you figure out your next steps. At Kane & Silverman we want to help you. We are committed to protecting your rights and helping you. For a free, confidential evaluation of your case, call or text us at 215-232-1000 or use our online contact form to schedule a free consultation. We are here to help in any way we can.