Yes, you should hire a lawyer for a car wreck that isn’t your fault. Unfortunately, most people often assume that they don’t require a lawyer since the car accident isn’t their fault. That assumption is usually present because people think everything will work out in their favor, as the car wreck wasn’t their fault. However, proving that you didn’t commit any wrongdoing may be a challenge, and this is where a lawyer steps in to help.
Auto accident lawyers have the skills, resources, experience, and proven results to help with any legal pitfalls that will probably arise from the accident. For example, in the eventuality that a driver denies fault, your lawyer will help you do the following.
After every accident, the first and most crucial step is gathering and preserving evidence. The evidence your lawyer obtains will help prove that the accident wasn’t your fault if any lawsuits are filed against you. As you recover, your lawyer gathers evidence they can use to prove your innocence. Your lawyer collects a piece of physical evidence like an overhanging branch that blocked the driver’s visibility.
Once they obtain the evidence, the next step is photographing or preserving it to ensure that it isn’t modified by time, lost, repaired, or damaged. Other forms of evidence your lawyer acquires on your behalf include:
- Surveillance footage
- Police reports
- Witness statements
- Medical records
- Home security footage
- Statements from parties at-fault
Your lawyer also talks to your physician and gets your most recent medical records. They can also use the help of expert accident reconstruction specialists to prove that you weren’t at fault. Of course, they will also use the evidence they acquire to prove the other party’s liability.
Your auto accident lawyer can also help prove negligence on the part of the other parties involved. Your lawyer has to prove your innocence using the four elements of negligence. These elements include:
- Breach of Duty of Care: Your lawyer has to prove that the other driver violated their duty of care.
- Duty of Care: Your lawyer has to prove that the other motorists owed you a duty of care.
- Causations: The driver’s breach of duty care caused your injuries and losses.
- Damages: You suffered injuries and economic losses that a financial offer may help you cover.
Your lawyer has to paint a picture with the evidence they collected to prove negligence before a jury or a judge. Then, with the proper evidence, your attorney can take all that information and use it to verify that all the four elements weren’t met during the car accident.
Once your lawyer proves negligence, you also get to prove your innocence.
Help Handle the Insurance Company
It’s never a wise idea to contact your insurance company without a lawyer present, especially if the accident wasn’t your fault. There’s a high probability that your insurance company isn’t as easy to deal with during such circumstances. They could also try to take you round in circles before giving you the settlement check. They could also pay you as little as possible.
By getting a lawyer, you can keep yourself from falling into these pitfalls. Your lawyer also ensures that your insurance company doesn’t downplay the evidence presented showing that the accident isn’t your fault. Instead, they use the evidence acquired to negotiate your settlement offer and ensure you get one that helps you cover the losses caused by the accident.
Handle the Legal Aspects of your Claim
You need time to focus on your recovery, and by hiring a lawyer, you get to have someone you can trust on your case as you rest. While you focus on healing, your lawyer will help you handle any legal aspects of your case. They will also ensure that they miss no crucial details when filing for your claim. They also ensure that your statute of limitations period doesn’t expire, as this may cause you not to get paid.
Remember, the primary goal of hiring an auto accident attorney is to help you prove you aren’t at fault. And right from the very first step, the lawyer you hire will help you do so by doing the following aspects above. In addition, your lawyer has the resources and knowledge necessary to help you build a strong case.
They will also ensure that you get the best possible outcome. First, however, ensure that you choose a lawyer that understands and specializes in your case.