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Using Traffic Laws to Determine Liability in a Car Accident...
Without a doubt, finding negligence in a car accident is easiest through use of traffic laws. By calling into play these rules of the road, you can easily find fault in the other driver and prove liability. Things will swing in your favor if the other driver broke any traffic laws.
In every state there's a vehicle code that outlines the laws each driver must follow. These rules don’t only apply to cars, they encompass every form of travel on roadways. That means motorcycles and bikes also need to adhere to certain laws.
Failing to signal for a turn is an easy example. This is something you're legally obligated to do. Failing to do so can be confusing to other drivers. It may catch them off guard, which is a good way to cause a car accident. If this happens, then that driver is negligent. If you can show that this happened before the car accident, and that it was the single cause of the accident, then you'll have a much easier time getting your settlement.
Not all traffic laws are obvious, and most people don’t know all of them. Usually they are common sense actions, so we just adhere to them blindly. For this reason, you should do some research, even if you don't think any law was broken. Get a copy of your state’s vehicle code and read any sections relevant to your accident. If you find anything that suggests the other driver broke a law, make a huge note on it.
You can also talk to a traffic lawyer. If your claim is big enough, it may be worthwhile to pay for their help with legalities before filing your claim.
Another thing to do is return to the scene of the car accident. Look around the area, you may see something new. Maybe there's a traffic sign the other driver failed to obey. (It may seem no laws were broken, but then you find there was a yield sign.) So now, not only was the other driver careless, but they also disobeyed a traffic sign.
Broken traffic laws can be the factor that settles your claim. When the insurance adjuster hears that the insured broke the law during the car accident, they'll be more likely to rush a settlement. If the case goes to court, they know that a broken traffic law would allow the judge to rule in your favor.
Still have questions about how traffic laws relate to liability in a car accident? Click Here.
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