Category Archives: Legal

How To Determine Fault In A Rear-End Collision

Fault in a rear-end collision can be one of the most difficult types of claims to handle. Even if the driver rear-ended someone else, determining who is at fault can prove very difficult for both insurance companies and accident victims.

If you’re involved in a rear-end collision the instinctive reaction is to assume it’s the other driver’s fault. But this may be false. Sometimes the other driver was at fault, but sometimes not. How is a fault then determined? Read on, and we will fill you in on the basics. 

Comparative Negligence

There is no exact rule for determining fault in a rear-end collision. The guiding principle here is comparative negligence law which states that both parties can be considered negligent even if their degree of negligence varies. Comparative negligence determines how the damages are split between the two parties involved in a rear-end collision and relies on evidence such as witness testimony, police reports, and insurance reports to determine fault.

How Can Fault in a Rear-End Collision Be Determined?

The damage to your vehicle is a vital piece of evidence, but it is not the only evidence that will be required most times. The attorney from your car accident law firm will need to assess the information meticulously to determine the careless conduct of which driver caused the accident. These include:

Witness Testimony

There are a number of ways that you can tell who is at fault in a rear-end collision. The first is witness testimony. If there are other witnesses to the accident, or if someone is recording on a cell phone, you always want to remind them not to discuss the situation until they are interviewed by an accident attorney. This way they will not give the insurance companies information that could be harmful to your case, such as what their opinions are on who was at fault.

Medical Records

If you were involved in a rear-end collision, you are entitled to receive a copy of any medical records related to the accident. Medical records can help to ascertain who was at fault for the accident. Impact and injuries sustained can be analyzed to get the desired result.

Debris on the Road

Often, how debris is scattered around the road can provide valuable clues as to who is at fault. Tire tracks are important details, too.

Cell Phone Records

In a typical rear-end accident case the determining factor of who is at fault comes down to an analysis of the drivers’ actions before the accident. These logs may indicate that a driver was speaking on the phone or sending texts when the collision happened reckless action that may render them responsible for the accident. 

Surveillance Video

If you have been in a rear-end accident, video surveillance footage can be crucial for proving fault in your case, whether against another driver or the at-fault driver’s insurance company. Video surveillance footage can make the difference between winning or losing your case and obtaining full compensation.

When Can a Driver In Back Not Be At Fault?

There are cases in which the driver in the back cannot be held responsible for a rear-end collision. In any of the following cases, the rear end driver may not be to respond or maybe partly responsible:

  • Deficient vehicle design or production issues unexpectedly hinder the driver from stopping. In this scenario, the producer of the vehicle may be the party to blame.
  • Either or both tail lights are not functioning on the car in front.
  • Multiple cars are involved, and another car has forced their vehicle forward.
  • There’s a car stopping in the lane.
  • The front driver accelerated in reverse.
  • The car at the front seems to have a flat tire or other faults, but the driver does not switch the hazard lights on.

Seek the Guidance of a Car Accident Attorney

Your rear-end accident attorney will help guide you through the legal process. The first thing a lawyer will do is discuss a plan for handling your case. Since they have experience with this, they can tell you what to expect and inform you about your options, so you know how to proceed.

In the event of a rear-end collision, there are several elements to determine fault. These elements come in the form of laws that have been put in place to help establish fault and ensure compensation to those who have been involved in an accident. By using the information presented here, you should have a better understanding of how states handle rear-end collisions and what the steps are to determining fault.


The Reasons For Hiring A Personal Injury Lawyer

When an accident happens, people can sustain injuries or it may affect them in one way or another. Regardless of whether it’s a motor vehicle accident or even the loss of someone due to negligence, it can be hard to get fair financial compensation.

Besides, it can be overwhelming to deal with medical bills and emotional trauma while also dealing with insurance claims. Therefore, it’s important to contact the Law Offices of Gerald J. Noonan to guide you through this process. This article explains the reasons for hiring a personal injury attorney.

They focused on personal injury law

Quite often, attorneys can practice in more than a single field of the law. This is the reason why it’s crucial to find an attorney who specializes in personal injury law. In short, the lawyer should solely practice in personal injury law.

You see, personal injury attorneys can help you when you sustain injuries after an accident. Remember that you need to find an experienced and reliable personal injury to help you get the compensation that you deserve.

The top priority is your recovery

If you decide to hire a personal injury attorney, there is a good chance that you may have sustained injuries. Therefore, you may be dealing with hospital visits and therapy treatment to assist you to recover. As a result, you can be too busy to deal with legal issues. Aside from this, filing for a claim can be a long process.

Personal injury attorneys work hard to make sure that you receive fair financial compensation. Even better, this recovery process can be quick and smooth.

So hiring a personal injury attorney can assist you to access their network of treatment centers as well as health practitioners who can speed up your recovery process. As you’re recovering, the personal injury attorney can be investigating, advocating, and litigating. This means they will be doing the hard work while you’re recovering.

Insurance issues can be complicated

Insurance is something that many people have, though it’s not everyone who understands it. This is why you need an experienced personal injury attorney to make sure that you get great guidance when doing an insurance claim process.

It’s also worth noting that these insurance companies are after protecting their bottom lines, so they always try to offer less settlement than you deserve. Hence, it’s necessary to hire a reliable and experienced personal injury attorney to protect your rights.

Attorneys are also familiar with the courtroom proceedings which can be confusing to many people. Therefore, a personal injury attorney can handle the litigation process on your behalf. Even though you may sometimes be required to appear in court, the lawyer can ensure that you prepare well for your appearance as a witness.

As you can see, to stand a good chance of receiving a fair settlement, you need to have a personal injury attorney on your side. They can handle most of the things and allow you to recover from the injuries you sustained.


How A Will Writer Can Help You Out

A will is unlike any other legal document there is. Although being a document it is composed of a couple of papers, but these papers hold a lot of significance in the event of the testator’s death. It provides a kind of reassurance that only your family and loved ones can inherit after you pass away. When it comes to getting your wishes carried out after your death, making it an obligation for someone is a tough task unless you have a will written out.

These wishes can range from the distribution of your assets, which include your personal belongings, monetary gain or loss from a business, or your property, and also leaving your minor children in the hands of someone only you trust.

When someone dies without a will, their death is known as dying intestate. The consequences of an intestate death are not some to be undermined, these consequences usually include the maximization of tax liability and your belongings falling into the wrong hands.

Where Will Writers Come In:

A legally bound will is really important for those who are looking to avoid their assets being handled by the rules of intestacy. These rules were set by the government for people who don’t have a will at the time of their death.

The rules of intestacy determine the way your personal belongings are distributed after your debts and other loans are fully paid out. These personal belongings commonly include your financial assets, your property or estate, and etc. A probate court will distribute these items however they want, often resulting in an outcome you wouldn’t appreciate if you were still alive.

This is why making a will is an extremely significant option everyone should avail while they still can. Experienced wills writers can help you out with this, all it’ll take is an inexpensive fee and the answers to their questions to get your family the things you want them to get after your death. It’s better to have will writer help you out with your will than to leave it to a probate court to decide where your items go, you don’t want them falling into the hands of your second cousin’s aunt who you have never known for your whole life.

The Process of Writing A Will:

Writing a will or getting one written with the help of professionals is easier than one might think. Getting one written in-person while face to face with a solicitor or a trustee can be difficult, you’ll be forced to answers some difficult questions, which can be an uncomfortable experience. Sharing your private information the information of the people in your will isn’t something you wanna share with a stranger.

Online will writers will only ask your questions that you are comfortable answering, they’ll have you review your own answers and then turn the document into a will by having a solicitor go through it and make it legal, it’s that simple.

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