In personal injury claim case, proving fault in a motor vehicle accident is the most important aspect. This is also the most difficult one because there may be two or more people involved in such an accident. It is for this reason you should take help of a qualified and experienced Personal Injury Lawyer in Burnaby to ensure that you get a favorable outcome and a fair claim. If fault and negligence is clear then it will simplify the legal process and expedite it as well. Ideally, the initial stages of a personal injury claim case are most crucial to prove fault.    

Not a simple process

Irrespective of the level of experience of the Injury Lawyer in Burnaby you have hired, proving fault of the parties involved in a motor vehicle accident is not a simple task. This should be done with extreme care and caution because the degree of fault and negligence will determine the amount of damage to be awarded to the injured victims. The fact that there may ne more than one party involved in an accident that involves several motor vehicles makes this process even much more complicated. It needs extensive legal knowledge and specific skill set to identify and nullify division of legal blame among the parties responsible.

Contributory negligence rule

According to personal injury law, there must be at least one party from the other side who is responsible to cause the accident and injure the plaintiff. This negligent party will be notified by the lawyer through a notice letter. This is drafted and served by the injury lawyer. the lawyer typically follows the contributory negligence rule in such matters which states that the accused party failed to perform the duty of care to prevent the accident. The ICBC Lawyers in Burnaby will also raise a point based on this specific rule to say that the claimant is responsible for their own injury and reduce the damages claimed.

Questions that proves faults

During the process, the Car Accident Lawyer in Burnaby may ask several questions to the defendant and also the plaintiff to find who is actually at fault to cause the accident. Once done, they will tally it with the police reports and witness accounts. Sometimes the lawyer may even reconstruct simulations to know more about the accident and its causes. However, the questions asked by the lawyer may include whether the accident was caused by the driver of the other vehicle, who was negligent, who had the legal responsibility and more.

The process followed

The process followed by the Accident Lawyer in Burnaby to prove fault in a motor vehicle accident case involves the Fault Determination Rules. These rules may however vary from one state to another based on the specific laws followed by that particular state in which the accident happened and the case is tried. The lawyer finds out which specific laws are broken by the parties involved in the accident according to the Highway Traffic Act. Sometimes even the insurance reports help in proving the fault. Therefore, proper legal representation is vital in these matters. For more information visit Our Website