How Do You Prove Fault in a Billings Car Accident?
One of the most challenging factors in seeking for compensation after a Billings car accident is proving fault in the negligent motorist. Some insurance companies may attempt to evade any responsibility in paying compensation, especially if the parties involved in the accident share a percentage of negligence. In Billings, MT and the rest of Montana, the comparative negligence rule prevails, wherein drivers who are also at least 50% negligent cannot recover for damages. Clearly, proving fault in a Billings car accident is crucial. But how do you accomplish this? And in what ways will a car accident attorney be of significant help?
Negligence Laws in Billings, MT and the Rest of Montana
The negligence laws that operate in the state of Montana are strict in many ways. This is precisely why proving fault in a negligent driver is one of the most significant responsibilities of any car accident attorney in the state.
Essentially, you will be allowed to recover for damages in Billings, MT if the accident is the other drivers fault. This means you do not share any responsibility for the accident. There are also certain types of accidents that automatically render one driver entirely culpable. Two examples are the rear-end collision and the left-turn collision.
There are cases, however, where negligence is shared between two drivers or among various parties. Therefore, in this specific instance, the comparative negligence rule of Montana will prevail. However, if you were responsible for 50% or more of the negligence you cannot recover damages. Additionally, if your negligence percentage is at less than 50%, you may be compensated but the amount will be reduced according to your shared culpability.
Ways of Proving Fault in a Billings Car Accident
Although proving the negligence of an at-fault driver may be difficult, it can be done. Some of the ways in proving fault after a vehicular accident in Billings, MT are the following:
Obtain All Necessary Evidence, if Possible
In order to establish fault in a Billings car accident, you will need evidence. Photos, documentation, police reports, medical records, CCTV footages, and others can serve as strong evidence of culpability for a car wreck.
Get in Touch With Eyewitnesses
Having someone else corroborate your statements in Billings, MT can serve as strong proof of the at-fault party’s irresponsibility on the road. If there were people who witnessed the accident, try to get in touch with them. In the event that your car accident attorney pushes for the case to go to court, you will have people ready to stand as witnesses against the negligent party.
Get Hold of the Police Report in Billings, MT
Proving fault can be challenging if you have not been able to report the incident to the police. This is why it is crucial for anyone involved in a Billings car accident to call the authorities and to log a report with the Montana police as soon as possible.
Seek the Assistance of a Car Accident Attorney
A reliable and committed car accident attorney in Billings, MT can help you in many ways. Proving fault in a culpable driver is one of them. From collecting evidence and consulting with experts to making sure that you are well represented in insurance discussions, your car accident attorney can be your best ally in verifying the responsibility of an at-fault driver in a Billings car accident.
Choosing a Reliable Auto Accident Lawyer
There may be challenges in proving the negligence of an at-fault driver in Montana. Therefore, you will need to choose a committed lawyer who will focus on your case from beginning to end. If possible, go for a legal counsel who is knowledgeable about specific state laws and deadlines in filing court claims. In Montana, the statute of limitations is at only three years. Your inability to file a claim within the stipulated deadline may result in a court rejection of your claims.
If You Need Help in Proving Fault in a Billings Car Accident, Get in Touch With Us
Without the help of a car accident attorney, proving fault in a responsible party can be difficult and exhausting. This is especially the case if you have been negligent yourself for a Billings car accident. If you are worried about how to fully substantiate the negligence of an at-fault party in a car accident compensation case in Billings, MT, talk to us. We have the car accident attorney who can help you. Get in touch with us at Billings Injury Lawyer today.