Oklahoma Car Accident Laws and Legal Process are Complicated
In short, there is never a legal requirement that you retain a car accident lawyer after being injured in a traffic crash. However, when assessing whether you need representation, the reality of your situation should motivate you. For one, the Oklahoma Insurance Department (OID) mandates that motorists carry minimum auto insurance coverage, so you will be dealing with an insurance company. Plus, insurers often deny claims or counter with lowball offers to settle. As a result, you will have to file a lawsuit in court to get fair compensation for your losses.
Still, you probably assume that the insurance claims process and/or litigation will be smooth when the at-fault motorist admits fault after an auto crash. The truth is that errors and omissions could harm your rights, so retaining a Tulsa, OK car accident lawyer should be a priority. An overview of fault in traffic collisions reveals the complications.
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Why Fault Matters in an Auto Crash Case
The basis of a traffic collision claim is holding someone accountable for carelessness behind the wheel, and the legal concept for liability is negligence. You must prove that the other motorists failed to exercise reasonable care while driving, and this breach was the direct cause of the accident. In other words, you need to show that they were at fault. It will be necessary to show fault when filing a claim with the responsible driver’s insurer, as well as when proving your case to a jury.
While the motorist may have admitted fault, the true focus of your case is proving these elements. The admission is less important, especially in the eyes of an insurance company. As such, it is important to retain an attorney to assist with the claims process, settlement discussions, and litigation.
Strategies for Proving Fault
You can count on your lawyer to handle details with evidence, but you may be in the position to gather the proof necessary to succeed with your auto crash case. If you are not transported from the scene due to serious injuries, grab your cell phone and capture images of:
- The intersection or stretch of roadway;
- Traffic lights, signage, lane markings, and other controls;
- Property damage to vehicles;
- Your injuries;
- Indications of a collision, such as skid marks and damage in the area; and,
- Other physical features or objects that you think are relevant to fault.
In addition, take down contact information from potential witnesses who observed the accident and businesses in the vicinity. These buildings may have security cameras that contain video footage of the collision.
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Our Tulsa, OK Car Accident Attorneys Will Advise You
Even if you are fully confident in your ability to negotiate settlement and your litigation skills, it is a mistake to try and represent yourself after an auto collision. Instead of putting your rights at risk, trust Boettcher, Devinney, Ingle & Wicker to protect them. Please contact our firm today to set up a no-cost consultation with a knowledgeable Oklahoma car accident lawyer.
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