The number of road accidents in recent years has multiplied due to the rise in the number of cars on the road. Despite a series of road safety measures and regulations in place, some drivers’ carelessness and negligence pose a threat to road-travelers. If you have been involved in an accident where you were not at fault, you probably already know that you carry the right to seek compensation for the property damage and injuries you sustained in the accident.
As straight as it may sound, getting compensation in the wake of a road accident is not very easy as you need to present evidence to prove you were not at fault. The process is all the more complicated in case of off-road accidents as those may take place outside the region of the transport authority and away from road cameras and people. Additionally, in an off-road accident, it is relatively harder to prove one side of the story.
What Are The Obligations Of Off-Road Driving
When you drive off-road, you are supposed to follow the duty of care. A duty of care is the legal obligation to adhere to a certain standard of safety and care; it is placed on individuals who are involved in any kind of activity that may cause foreseeable harm to others. In a case where your vehicle is being driven off-road by somebody else, as the owner, you are still solely responsible for anything that may happen on the road. However, you are lawfully entitled to seek compensation as a victim if the accident was prompted by the other individual involved in the accident.
There may be instances where something goes wrong because of some kind of manufacturing defect, for example, your engine failed, brakes got jammed, or any other disturbances. In this particular case, given enough evidence is there, the responsibility will be on the manufacturer of the vehicle’s parts and equipment.
It is important to know the legal aspects of driving before you take your wheels on the road. The road laws are to ensure that everybody who has any kind of involvement in somebody’s driving follows the duty of care and other drivers on the road, spectators, and property are all safe. A St Petersburg car accident lawyer highlights that it is unfortunate that many people don’t know about the legalities of a car crash until they have been associated with one. Therefore, it is rather important for everyone, whether accident-affected or not, to know the procedure to get compensation for an off-road accident.
How To Get Your Off-road Crash Compensation
Placing the claim for an off-road accident can be difficult in the absence of appropriate legal support and formal litigation. The aftermath of a car crash for the injured victims demands immediate medical attention. No matter if your injuries seem light or serious, the first thing that you should do is to seek medical consultation. However, if you are fine, you, along with your attorney (if you have one), can immediately start the procedure of getting your compensation. An experienced attorney knows the ins and outs of the legality and hence can be useful in negotiating a satisfactory resolution to your case.
To establish your case, you need to prove a certain element related to your off-road crash. The must prove:
- The injuries you sustained and property loss were caused by the accident. Based on the details you provide backed up with proof, your compensation amount will be ascertained.
- You were not at fault in the accident, and you were owed the duty of care by the other driver involved in the accident – who is also responsible for the breach of duty.
- It was at-fault driver’s carelessness that resulted in the collision.
How To Make Your Case Strong
It is important to note that evidence is the key to winning a case. There are certain steps that you can take to gather shreds of evidence and make your case strong:
Involve the Police: The involvement of police in the case is the most crucial aspect of an accident case. A police report will document the scene of the accident, which typically contains details in terms of what led to the accident, which driver is at fault, and the accident circumstances, etc. The at-fault driver may try to stop you from reporting the incident to police as it may land them in trouble – but you should not skip this step because it can be a difference between claim successful and claim failed.
Gather the Witnesses: Nothing can strengthen your side as much as a witness or a set of witnesses can do. If possible, go back to the crash scene, talk with people, and add as much information to your case file as possible.
Get An Estimate For Property Damage: An insurance adjuster asks for an independent investigation to be made in order to access the value of the damage done to your property. So, it is rather important that you get your own estimate done and present it to the insurance adjuster. This will save a lot of time.
Involve An Attorney: There may be an unfortunate situation where the adjuster deliberately holds back your compensation, or you just don’t seem to find a way to prove your side. Attorneys come with knowledge about these situations and years of relevant experience. They know the knack of how to stop the compensation from getting delayed. The fear of a lawsuit that comes along with an attorney often gets the insurance adjusters to do their job on time.
In order to get compensation for an off-road accident, you must remain patient and persistent. Sometimes the legal work may take a lot of time, but that does not mean you would not get your compensation. Police, attorney, witnesses, and evidence can help you a great deal in establishing your points and taking your case to a successful end.
The law is there in your support and – if you take the steps as mentioned above carefully, you are not very far from getting your compensation.