Based on the number of collisions that occur in Delaware, cars are the most dangerous method of transportation. Even at low speeds, collisions between motor vehicles can result in property damage and physical injuries that can be expensive to address.
Whether you suffered minor injuries or catastrophic harm that will affect you for years to come, an Elsmere car accident lawyer could help you seek civil restitution from any responsible parties. With support from a dedicated personal injury attorney you could potentially recover compensation for your medical expenses, car repair bills, physical pain, lost work income, and emotional suffering.
What Constitutes Fault for a Car Crash?
The moment a licensed driver gets behind the wheel, they assume an implicit responsibility to follow all applicable traffic laws and pay attention to their surroundings. This “duty of care” is an important element of any civil lawsuit following a serious car crash.
Any reckless or careless action while driving could constitute a breach of this duty. Examples include:
- Violating traffic laws
- Driving while distracted, like texting
- Driving while under the influence of drugs or alcohol
If a person’s breach of duty directly causes a car wreck, they would bear civil liability for any compensable damages that another person suffered as a result. In this scenario, an experienced car crash attorney could help the injured Elsmere resident pursue compensation for medical bills, lost wages, and more.
Evidence in Car Collision Claims
In many cases, establishing fault for a car accident is as straightforward as checking the police report filed after the incident. This document may indicate that a prospective defendant was ticketed for a traffic violation leading up to the wreck.
In other situations, it may be necessary to compile additional evidence of negligence, such as:
- Security camera footage
- Eye Witness testimony
- Input from accident reconstruction experts
A skilled attorney plays a crucial role in collecting, preserving, and presenting evidence from a car crash in Elsmere on behalf of the injured victim.
Comparative Fault in Car Accident Cases
It is not at all uncommon for civil defendants to contest the allegations against them by arguing that an injured plaintiff is partially or even completely to blame for causing their own injuries. The defendant’s insurance company is sure to hire an experienced attorney to defend them from liability claims and call into question the injuries the plaintiff has suffered. If a court agrees that a plaintiff bears a percentage of fault for a car wreck, they may reduce the plaintiff’s recoverable damage award by that percentage.
Furthermore, any plaintiff found more than 50 percent at fault is generally barred from recovering any compensation at all. A local car accident lawyer in Elsmere could provide further clarification about how this principle of comparative fault works and how it could potentially hinder recovery in a particular case.
Consult an Elsmere Car Accident Attorney
Filing suit after a car accident can be a complex endeavor no matter how mild or severe your injuries are. From deciding when to file, to which court to file in, to what defendants to name, there are many decisions to be made. However, guidance from a legal professional could greatly improve your prospects of recovery.
To ensure your case is as strong as possible, seek representation from an attorney with vast experience handling auto collision cases. An Elsmere car accident lawyer at Doroshow, Pasquale, Krawitz, and Bhaya is ready and available to help you seek the financial compensation you need to recover from your injuries. To schedule your initial consultation, call today.
