There are many personal injury cases where the plaintiff may have a difficult time proving the other party's negligence or fault, but there are some cases where the defendant is responsible for the accident without question. Known as "no-doubt" liability cases, these cases may seem simple and straightforward. However, accident victims shouldn't let the seeming simplicity of no-doubt liability cases lull them into a false sense of security and trick them into thinking they can handle the case themselves. While these cases may not have the dramatic twists and turns seen in courtroom dramas, they can require a fair amount of legal maneuvering. Additionally, there are clear benefits to having an experienced personal injury attorney by your side for these cases, and going it alone can have unintended consequences.
Determining liability can be one of the more difficult aspects of car accident personal injury claims. No-doubt liability cases differ from regular car accident claims in that the nature of the accident itself provides almost definitive proof as to who was at fault. Examples of no-doubt liability car accidents include:
- DUI accidents. Driving under the influence of drugs or alcohol is illegal, as these substances can impair the driver's ability to think clearly and react appropriately. If a driver causes an accident while under the influence, they will, in most cases, be considered the liable party.
- Rear-end accidents. Drivers are required to leave sufficient room between themselves and the vehicle in front of them. When a driver fails to do this and slams into the car in front of him, he will most likely be found at fault. However, there may be an exception if the driver in the first vehicle had brake or tail lights that weren't functional.
- Left-turn accidents: Also known as “T-bone” accidents, left-turn crashes occur when a motorist makes a left-hand turn before the road is clear. When this happens, it is almost always the driver who was making the left-hand turn who is at fault. However, there may be rare exceptions where the “T-boned” driver is found to be at fault if they were committing a traffic violation at the time of the accident.
Benefits of Legal Representation
Even if you have a true no-doubt liability claim, hiring a knowledgeable and experienced personal injury attorney is crucial to the success of your case. Personal injury plaintiffs who have legal representation often receive settlements far larger than plaintiffs who chose to handle their own cases. In addition to fighting to help you win a more lucrative financial award, personal injury attorneys also help by:
- Providing valuable legal counsel
- Accurately filling out required paperwork
- Submitting completed paperwork in a timely fashion
- Handling any problems that come up during the case
Having quality legal representation also provides plaintiffs with peace of mind. After the case is tried, the court's judgment is binding. Losing plaintiffs aren't entitled to a do-over—even if they chose to represent themselves and were dissatisfied with the results.
Comparative Negligence in Delaware
Are you sure you have a true no-doubt liability case? If it turns out that you were somewhat responsible for the accident, Delaware's comparative negligence laws may come into play. Comparative negligence allows plaintiffs to file personal injury lawsuits, even if they were partially at fault for the accident that caused their injuries. It may also be used by the defense in an effort to reduce their financial obligation to the victim. If you were partially at fault for the accident, you'll need the representation of a seasoned legal professional.
Were You Injured in an Accident?
If you were injured in an accident—no-doubt liability or otherwise—the skilled legal team with the Morris James Personal Injury Group can help you fight for the compensation you deserve. Don't let your chance to take legal action slip through your fingers! Complete our online contact form today and we'll be in touch to schedule a free initial consultation to discuss your case.