determined by examining the facts and circumstances surrounding the accident. The following factors are typically considered when determining liability: • Negligence. Negligence is the failure to exercise reasonable care, resulting in harm to others. In an auto accident, negligence can take many forms, such as speeding, running a red light, or failing to yield the right of way. • Traffic laws. Drivers are expected to follow traffic laws and regulations, and violations of these laws can be used to establish liability. • Eyewitness testimony. Witnesses to the accident can provide valuable information about the events leading up to the accident, which can help to establish liability. • Police reports. Police reports often contain detailed information about the accident and may provide evidence to support liability. • Expert testimony. Experts such as accident reconstructionists can provide analysis and testimony about the causes of the accident and who was at fault. • Insurance policies. Insurance policies can provide information about coverage limits and exclusions that may affect liability. In some cases, liability may be shared between multiple parties. For example, if both drivers were negligent, liability may be apportioned between them based on their respective degrees of fault. Ultimately, liability in an auto accident is determined by examining the evidence and applying legal principles to the case’s specific circumstances. What are the usual timings and processes involved in litigating an auto accident? The timing and process involved in litigating an auto accident can vary depending on the complexity of the case and the jurisdiction where the case is being litigated. However, the following are some typical timings and processes that may be involved in an auto accident lawsuit: • Filing a claim. The first step in litigating an auto accident is usually filing a claim with the at-fault driver’s insurance company. The claim will typically include a description of the accident, any injuries or damages sustained, and a demand for compensation. • Investigation. The insurance company will investigate the claim, which may include obtaining police reports, interviewing witnesses and examining physical evidence. • Settlement negotiations. Once the investigation is complete, the insurance company may offer a settlement to resolve the claim. If the parties agree to a settlement, the case will be resolved without going to trial. • Filing a lawsuit. If the parties cannot reach a settlement, the injured party may file a lawsuit against the at-fault driver. The lawsuit will typically include a complaint outlining the legal claims and damages sought. • Discovery. During the discovery phase, both sides will exchange information and evidence, including witness statements, medical records and expert reports. • Pre-trial motions. Either side may file pre-trial motions to resolve legal issues before trial, such as motions to exclude evidence or dismiss the case. • Trial. If the case proceeds to trial, the parties will present evidence and arguments to a judge or jury, who will determine liability and damages. • Appeals. If either party is dissatisfied with the outcome of the trial, they may file an appeal to a higher court. The entire process of litigating an auto accident can take anywhere from several months to several years, depending on the complexity of the case and the court’s 44 LAWYER MONTHLY MAY 2023 The entire process of litigating an auto accident can take anywhere from several months to several years.
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