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What is disputed liability?

July 31, 2023
Car accidents can be incredibly stressful and overwhelming experiences. In addition to dealing with potential injuries and property damage, determining who is at fault for the accident can further complicate matters. Disputed liability is a term commonly used in car accident cases when there is disagreement about who is responsible for the collision. Let's explore what disputed liability means and how it can impact a car accident case.

Defining Disputed Liability

Disputed liability refers to a situation where the parties involved in a car accident cannot agree on who is at fault. It occurs when both drivers have conflicting accounts of the events leading up to the collision. This disagreement often leads to a legal dispute, as each party seeks to prove their version of the story and hold the other party accountable.

Factors Contributing to Disputed Liability

Several factors can contribute to disputed liability in car accident cases. These include:

  1. Conflicting witness statements: When witnesses provide different accounts of the accident, it can create uncertainty about who is truly at fault.
  2. Lack of evidence: If there is insufficient evidence, such as video footage or photographs, it becomes challenging to establish liability definitively.
  3. Differing police reports: Sometimes, the police report may not accurately reflect the details of the accident, leading to discrepancies between the involved parties' versions of events.
  4. Disputed traffic laws: Interpretations of traffic laws can vary, causing disagreements about who had the right of way or who violated specific rules.

Impact on Car Accident Cases

Disputed liability can significantly impact the outcome of a car accident case. Here are a few ways it can influence the legal process:

  1. Lengthy legal proceedings: Resolving disputed liability often requires extensive investigation and legal proceedings, which can prolong the resolution of the case.
  2. Increased costs: The longer a case is disputed, the higher the legal costs can become. This includes expenses related to gathering evidence, hiring expert witnesses, and court fees.
  3. Insurance complications: Insurance companies may be hesitant to settle a claim when liability is disputed. They may conduct their own investigations or even deny coverage until fault is determined.
  4. Shared fault determination: In some cases, both parties may be found partially at fault for the accident. This can impact the amount of compensation awarded and potentially reduce the overall recovery.

Resolving Disputed Liability

To resolve disputed liability in a car accident case, several steps can be taken:

  1. Gather evidence: Collect as much evidence as possible, including photographs, witness statements, and police reports, to support your version of events.
  2. Consult with an attorney: Seek legal advice from an experienced personal injury attorney who can guide you through the process and help build a strong case. Call 844-CAR-WREX for a free consultation today.
  3. Negotiate or mediate: Consider alternative dispute resolution methods, such as negotiation or mediation, to reach a settlement without going to trial.
  4. Proceed to trial: If all attempts to resolve the dispute fail, the case may proceed to trial, where a judge or jury will determine liability based on the presented evidence.

In the end...

Disputed liability can complicate car accident cases, prolonging the legal process and increasing costs. It is crucial to gather evidence, consult with an attorney, and explore alternative dispute resolution methods to reach a fair resolution. By understanding the concept of disputed liability and taking appropriate steps, individuals involved in car accidents can navigate the legal system more effectively and seek the compensation they deserve.

Our Attorneys Fight for Maximum Compensation

Portrait of Attorney Jacob Hughey

Jacob s. hughey

Attorney and Partner

Jacob is a compassionate, no-nonsense personal injury attorney. Rest assured, he will fight for the best outcome possible for your injuries.

Portrait of Attorney Dustin Brown

Dustin C. Brown

Attorney and Partner

Dustin practices law for the individual because people need a strong voice in their corner.

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