Car accidents can happen because of the negligent actions of one driver or more. If you are a victim of a negligent driver, you want to file a compensation claim for your injuries and other losses. Determining fault is an important part of the claims process and you need a reliable Cheyenne, WY car accident lawyer to help you prove someone else caused the accident and your injuries.
To receive compensation following a serious crash, a detailed investigation of the accident must be launched. This investigation should focus on determining how the accident happened and who caused it. A great attorney will help you pursue maximum compensation for your injuries that resulted from the negligence of another driver.
How Fault is Determined in a Car Accident
To determine fault in a Cheyenne car accident, the police, insurance companies, and the court may get involved. Often, law enforcement will respond to and investigate an accident, concentrating on the laws violated and whether a driver involved must be cited and face a criminal charge. Should a police officer determine a driver caused the accident, they may charge them with a traffic infraction or a more serious one. For a more serious charge, the driver can be arrested on the spot. The official police report may help an insurance company determine the kind of claim payout they must make following the crash. However, no party can use this report as evidence.
How Insurance Companies Decide Fault in a Car Crash
If you file an insurance claim with the other driver’s insurance company, the latter’s claims adjuster will review all available evidence and evaluate fault in the crash. They may interview the drivers involved and witnesses as well as review your medical records.
In Wyoming, the driver determined to be at fault for an accident uses their insurance for paying the bills of the other driver from the accident. But the state also recognized modified comparative negligence, which means that a driver is awarded damages based on their percentage of fault in a crash, as long as they are not more than 50% at fault for the crash. If the accident involved more than two parties, damages are awarded according to each party’s fault level. A party that holds more than 50% fault level cannot collect damages. Because insurance companies will assign blame in your type of case, you should document the incident and hire an attorney to defend you and protect your rights.