Car accidents are often scary and confusing. They can result in both serious and minor bodily injuries as well as substantial property damage. In the weeks after the accident, you will need to determine who was at fault, who is liable, what damages have been incurred, and what compensation will be awarded for any injuries. This process can feel complicated and overwhelming, but a car accident lawyer in Wyoming can help you understand what you are up against.
Ask a Car Accident Lawyer in Wyoming: 5 Must-Know Legal Terms
A tort refers to an act or omission by one person, resulting in injury to another. There are three categories of torts, which include intentional torts, negligent torts, and strict liability torts, which refer to the making and selling of defective products. Hiring a car accident lawyer in Wyoming is the best way to ensure that all of your legal interests are being represented properly and that any tort committed against you will be adequately assessed.
Liability refers to one’s legal responsibility. The driver who holds liability is the one who caused the accident meaning that they are legally responsible for any property damage or personal injury that results from the incident. One driver can be liable, but in some cases, both drivers might bear some of the legal responsibility.
When a driver is negligent, it means that they have failed to meet the required standards that all drivers must follow. Every driver has a duty to act with reasonable care while driving. If a driver breaches that code of conduct, whether intentionally or unintentionally, then they have failed to act with reasonable care. If this failure results in harm to another, then the driver responsible for the accident is considered negligent.
4. Burden of Proof
What you are able to recover in a car accident case often depends on the evidence that you have shown the court or insurance company about what occurred. The plaintiff (the person who is claiming the other driver is at fault) cannot simply make a claim without proof and collect money.
It is the plaintiff’s legal responsibility to demonstrate how the accident occurred and who is ultimately at fault. Providing sufficient proof is the burden of the person who is making a claim against the other driver.
5. Facts of Loss
In order to satisfy your burden of proof, you will need to demonstrate the facts of loss, which is the record of what happened during the accident. Typically, these facts are recorded in the police report, but they are not necessarily limited to just this report. Any facts that can be verified to be true can be used in your claim.
Experiencing a car accident is jarring enough, but dealing with the consequences afterward can be difficult, time-consuming, confusing, and overwhelming. Understanding the legal terms that lawyers and insurance companies may use is a good start in taking control of the process and preparing for what comes next.