Establishing Fault in Oklahoma City Head-On Collisions
Head-on collisions are typically the most dangers car accidents. This is because both cars are usually traveling at high speeds before they collide. If you have been injured in a head-on car wreck, contact an accomplished lawyer who has experience establishing fault in Oklahoma City head-on collisions. By assigning fault, the attorney can help you recover from the accident by pursuing compensation for your injuries. Call a lawyer today to get started on your claim.
Insurance Companies Assigning Fault
The insurance companies try to establish fault in a head-on collision in Oklahoma City after a wreck. They evaluate the facts of the crash and try to determine who is at fault and whether there is a comparative fault. They look at the circumstances of the accident to see if one, both, or all parties are at fault when multiple parties are involved in the three or four-car collision. When multiple vehicles are involved, there may be multiple causes.
To assign liability, the insurance companies look at the photos of the vehicles involved in the wreck, the statements from the drivers and witnesses, and the accident report.
Assigning fault by insurance companies tends to vary from case to case, but the focus is largely on limiting the insurance companies financial exposure. If their insured driver was clearly 100 percent at fault in causing the wreck, the insurance company attempts to discredit the injuries the plaintiff sustained in the wreck. An insurance company looks for any gaps in medical treatment, how long the treatment lasted, and if any of the treatment could be argued that it was not necessary.
The causes of the wreck can affect liability in a head-on collision case. The factors include the parties involved in the wreck, the speed of the vehicles, and whether any of them were passing or in the wrong lane.
Punitive damages can be awarded when a person acted with reckless disregarded for the rights of others or acted intentionally with malice towards others. For example, a driver intentionally drives down the wrong street. When punitive damages are awarded, it is almost always because one of the drivers was breaking the law. Punitive damages in car accidents are rare. The insurance company usually does not pay for punitive damages when there is misconduct or reckless disregard. With punitive damages, the insurance policy may have an exclusion that says they do not compensate someone for reckless disregard or causing an accident when an individual is driving intoxicated.
How a Lawyer Can Help
Establishing fault in Oklahoma City head-on collision is one of the many ways an attorney can assist you after an accident. Legal counsel always gets the collision report from the police department, whether it is the OHP (Oklahoma Highway Patrol) or the Oklahoma City Police Department.
A professional lawyer sends a representation letter to the insurance company informing them that the attorney is representing the person in the motor vehicle accident case. The plaintiff’s attorney will gather the medical bills, talks to witnesses, and determines whether any medical liens were filed. The lawyer also interviews any witnesses. When the client finishes treatment, the attorney sends the insurance company a settlement demand letter, giving them about a month to respond. When the case cannot be resolved within 30 days, the next step is usually to file a lawsuit. To find out more about how a dedicated lawyer can assist you after an accident, call today to schedule a consultation.