For these four reasons, it can be difficult to prove liability in intersection collision s and failure to yield accidents:
1. Shifting story. The driver at fault denies liability and changes the facts when interviewed by police and his or her insurance insurance adjuster.
2. Absence of witnesses. The witnesses usually continue on their way without stopping to give their names to the police.
3. Detailed rules of the road. The laws regarding intersections,signals, and yielding to other traffic, can be complex.
4. Artful defense. Insurance adjusters and defense attorneys are usually able to find or create some element of negligence on your part that will reduce settlement value.
The following factors will affect the strength of your liability case in intersection and failure to yield accidents;
1. The police report. What did the investigating officer say about driver fault?
2. The applicable rules of the road. What do the governing regulations say about how your accident occurred?
3. Any driver statements. What did you and the other driver say about the accident?
4. Any witnesses. What do the witnesses named in the police report say about how the accident occurred?
5. The scene of the accident. What is indicated by the skid marks, position of traffic lights, street signs, and other evidence at the scene of the accident? A warning signal can be important evidence of liability.
6. Conditions at the time of the accident. Were the weather or road conditions a factor in the accident?
7. Any intoxicants. Had either driver been drinking or using drugs before the crash?
8. Any claimed mechanical defect. Is the insurance carrier raising the issue of an unknown mechanical problem to deflect liability?
9. Conflicting stories. If the only evidence of what happened is testimony for you and the other driver, the case is likely to be difficult. Even if the other driver admitted fault at the scene, insurers have known to persuade drivers to change their stories.