Contributory Negligence in Idaho: Know Your Options If You Experience Victim-Blaming After a Car Crash
Sometimes, even a single negligent action can lead to a car accident. For instance, when a drunk driver rear-ends your car as you make a full stop at a red light, it can seem easy to determine the cause of the accident at first. But, a lot of collisions are more complicated and include several parties.
If your accident resulted from the negligence of several parties, sorting out who must be financially responsible and how much each party owes you for the injuries you sustained can be hard. Thankfully, a respected idaho car accident attorney can help you sort this out because of their extensive experience handling contributory negligence in car crashes.
What is Negligence in Personal injury Cases?
The majority of car accidents result from the negligence of at least one party. Under the law, negligence only occurs when the negligent person owed you a duty of care, violated this duty, and caused you damages and injuries. You will only have a negligence claim if you can prove all of these elements.
Sadly, a lot of car accidents lead to serious, life-changing injuries. In such cases, you must identify who was to blame. The state of Idaho uses a fault-based system in car accident cases. Under this system, all parties involved in a crash must determine fault for it before they file insurance claims with this party’s insurance company. You may need to collect evidence to prove fault when the insurer of the driver denies liability.
Use Compelling Evidence to Counter Victim-Blaming
As insurance providers try to reduce your compensation, they will usually blame you for causing the accident. In some instances, the police report may have inaccuracies that lead to victim-blaming. Sometimes, you need compelling evidence and legal assistance from an experienced attorney to make the facts of your case clear.
The best car accident lawyer uses cutting-edge technology and legal tactics to fight for you. They will carefully study the facts that surround your claim, review police reports, interview witnesses, as well as preserve digital data from cars and surveillance footage. Also, they will consult several expert witnesses such as an accident reconstruction specialist to determine fault.
But, you must act quickly while evidence is still available and witnesses still remember what they saw during your crash. Keep in mind that cell phone data, vehicle block box data, and security camera footage may not be preserved. Thus, you should work with an attorney as soon as possible to determine the important records and preserve them for your claim.