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How do I prove fault in a car accident?

When a Washington resident has been involved in a car accident, the victim most commonly says that the accident was the other driver's fault. However, claiming that someone was at fault and proving that fault in a court of law are two separate matters and it is important to know how to prove liability to get compensation from a reckless driver.

When it comes to fault in motor vehicle accidents, common law recognizes four basic levels. Negligence is often the most common legal issue argued in court. This term means that a driver's careless or inadvertent conduct has caused damage or harm. Failing to yield the right of way is a common form of crashes caused by negligence. Running a red light is also considered negligent behavior.

When someone willfully disregards the safety of another person on the road, it is considered recklessness. Recklessness can also trigger the applicability of strict liability and fault does not even have to be established in some instances. For example, if a vehicle was transporting extra hazardous material and an accident took place, it might demonstrate recklessness.

When drunk driving causes an accident, it could be an incidence of recklessness and proving fault is rarely an issue. But, when the accident is caused by general negligence, such as a fender bender or other accidents that happen routinely, proving fault can become more complicated. There are elements to proving negligence and fault, without which a case is not likely to succeed.

Collecting evidence and proving the necessary elements of fault can be difficult after someone has been involved in a car accident Therefore, it can be helpful to have an experienced attorney by one's side to conduct an investigation and collect eyewitness testimony.

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