Following a car accident, the police may respond to the scene to take a report. An officer will typically note the location of the cars involved, take witness accounts and include other relevant information in the accident report. Sometimes the officer’s report will clearly state that one driver violated a specific vehicle code that caused the accident and that the driver was issued a citation. Even the mention of careless driving will help an injured party show that the other driver was at fault.
All drivers have a duty of care which is an obligation to avoid injuring someone or putting them in a dangerous situation. The duty of all motorists is to obey the law and to exercise common sense when driving. A car accident that results from a breach of this duty will typically result in a finding of fault.
For example, an accident may result when a driver is traveling too fast for conditions such as icy roads or reduced visibility in a snowstorm where any reasonable person might have slowed down. It may a situation where a motorist disregards the law by texting while driving or fails to stop at a stop sign. If an officer’s report shows that a driver’s careless or illegal actions led up to an accident, it can clearly establish fault so that an injured party can seek compensation for injuries or property damage.
If an officer was on the scene of your accident, the insurance company for the other driver should receive a copy of the police report, but you will want to make sure and also get a copy for yourself. If you are working with a personal injury attorney, they will certainly collect all the necessary information and documentation surrounding the accident including the accident report and will often go further to photograph the scene, follow up with witnesses, check for prior incidents on the other driver’s record and more, to show that the other driver is in fact responsible for your damages.
If you or a family member has been injured in a car accident, it is important to seek knowledgeable advise. An experienced personal injury attorney can help you get compensation for your medical bills, lost wages, pain and suffering and property damage that will often result in a higher payout from the insurance company. Hemminger Law Firm has handled hundreds of Iowa motor vehicle accidents over more than three decades. Our attorneys have the trial and negotiating experience to reach a fair settlement that will compensate you for your injuries and losses. To schedule a free consultation, call 515-283-2116 or contact our offices online today.
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