negligenceWhen speaking to your attorney after an accident, you may hear the term “negligence” when discussing your case. Negligence is a major part of determining several factors of your case. The party deemed negligent will be held responsible for the financial damages as a result of the accident. In some instances fault can be shared if both parties were determined to be negligent in an accident.

What Is Negligence?

Negligence is a matter of determining who was carelessly driving their vehicle. More specifically, this is determining who has operated a motor vehicle in such a way that if exercising reasonable care could have avoided an incident.

Many different entities will be involved in determining who is negligent in the event of an automotive accident. The police will write a police report based on the evidence gathered at an accident. The claims adjusters will investigate witnesses and medical information to show proof of damages. Finally, if the determination of the insurance is disputed, the court will be responsible to rule on who is actually at fault for the accident.

How Can I Prove I Was Not Negligent?

After the 911 operator, the police will be the next people you’ll be speaking to after an accident. Before they arrive, it is important to get as much information together for the police report as you can. It is also important to not move any vehicles involved if possible. The police will be conducting their own investigation into the accident. Before they arrive, do the following:

  • Take pictures of the area around the accident.
  • Take pictures of any vehicles involved in the accident.
  • Take pictures of any injuries that happened during the accident.
  • Write down as much information as you can with as many details as possible.

When the police arrive, they will be creating a report. By having notes on what happened taken as soon as possible, you will be able to show in greater detail what your actions were leading up to the accident. Additionally, you’ll need as much proof as possible of material damage and physical injury.

Eventually, claims adjusters will be assigned by your insurance company. By providing a copy of the police report, a copy of the written notes you’ve taken, and any photographs, you can help the insurance company determine fault by its legal definition in your state.