How Does Fault Come Into Play After an Accident in Wyoming?

In the event that you are injured in a car accident in Wyoming, it’s natural for you to ask many questions. From how you are going to pay for your medical bills to whether it matters who was at fault in the accidents, queries like these are not only related but equally important in terms of getting the compensation you need to recover from your injuries.

Wyoming Fault Rules

Fault rules are relatively simple in Wyoming: After a car accident, the insurance company for the at-fault driver must compensate everyone who was injured in the accident.

The Evidence That Car Accident Lawyers Use to Determine Fault

It is easy to say that fault matters following a car accident in Wyoming, but that doesn’t explain how it is determined. Doing so is a matter of evidence, namely, the following types:

Witness Testimony

Car accidents do not happen in isolation; they usually occur on public roads with plenty of other drivers around to see what happened. That, therefore, means there should be witnesses who can provide crucial details about what occurred.

Video and Photographic Evidence

Even if no third party was present, you and the other driver can still capture the elements that led to the accident. The world is filled with cameras these days, which means there is a good chance that a camera caught images or video of some portion of your accident. However, these are likely not from an angle that shows everything in full. Thus, while visual evidence is valuable for identifying fault, it usually isn’t enough on its own.

Police Reports and Citations for Traffic Law Violations

When police arrive on the scene of an accident, they create a report. Experienced Wyoming car accident lawyers will not only know how to get a copy of these reports quickly but also how to best use them for their clients’ cases.

In particular, the reports could document the ways in which the other driver was negligent; for instance, a police report will document whether the other driver received a citation for violating traffic laws, which would constitute negligent behavior.

Insurance Companies Investigate Fault After an Accident in Wyoming

Insurance companies will make thorough use of all of the types of evidence detailed above to determine who was at fault in an accident. Once they have established fault, they will use that determination to deny or approve a claim.

Fault Rules When Multiple Parties Are Partially Responsible

A common concern that comes up in more complex cases is the matter of what an insurance company does if it determines that multiple parties were partially at fault.

In Wyoming, civil procedure laws use a modified comparative fault standard to calculate compensation in accidents that involve multiple at-fault parties. As long as you are 50% or less responsible for your injuries, you can collect compensation from other partially responsible parties, although any compensation you receive will be reduced proportionally.

How an Experienced Car Accident Attorney Helps With Gathering Evidence

Any experienced car accident lawyer will tell you that you cannot trust an insurance company to properly determine fault. These conglomerates all have a financial incentive to determine that the driver they don’t cover was at fault, which can result in them coming to significantly different conclusions about responsibility.

A Wyoming car accident lawyer from The Spence Law Firm will independently investigate, gathering much of the same evidence that the insurance companies will use. Having a lawyer gather proof for you offers two major advantages.

For one, we know what types of evidence are most effective in the courtroom or settlement negotiations. Alongside that, we can act more swiftly because we aren’t injured. It could realistically take weeks before you could reasonably perform an investigation on your own, especially if you’re recovering from serious injuries or still acclimating to life with a disability. We understand that certain types of evidence, like eyewitness testimony, need to be gathered quickly to ensure it doesn’t disappear, and that’s why we’ll move as fast as possible while you take the time you need to heal.

FAQ

Why Should I Hire a Lawyer to Help Determine Fault?

If you rely on an insurance company to investigate your accident and compensate you based on fault, you will likely end up with far less than you are truthfully owed. Accident victims who hire attorneys typically get better results than those who don’t, even after lawyer fees are calculated.

How Long Does It Take to Determine Fault?

Unfortunately, there is no consistent answer to that question. It can take only a few days when evidence is easy to acquire, though it can also take several years in very complicated accidents.

Regardless, though, our legal team will always work to gather evidence as quickly as possible so you can get compensation when it matters most. If the investigation is taking too long, we may have to file a lawsuit to avoid running afoul of the statute of limitations.

Can I Contest the Evidence That the Insurance Company Is Using to Determine Fault?

Yes. In fact, it is part of why our car accident lawyers will perform an independent investigation of the facts of your case. If the insurance company is using invalid evidence, we can present it with contradictory evidence that shows why it shouldn’t be considered. And if the insurance company continues to use inaccurate evidence, we can contest that in court. A jury will be tasked with deciding which evidence is correct.

Contact Our Law Firm Immediately After a Wyoming Car Accident

If you or a loved one has been seriously injured in a car accident in Wyoming, you may be able to get compensation from the other driver for the harm the other driver caused. Before you can receive anything, though, you’ll need to gather and present ample evidence of who was at fault. Contact The Spence Law Firm today to learn more about how we can help determine fault in your case.