What are the steps involved in proving liability for a car accident?
In the state of Hawaii, there are a few steps needed to prove liability for a car accident, which depend on the type of car accident. In a no-fault insurance state, such as Hawaii, injuries from a car accident are typically covered by each driver’s own insurance policy, rather than trying to prove fault. If the driver or passengers from both cars were injured, the first step is to prove each driver’s insurance coverage. Second, one must determine if either driver acted negligently or recklessly, which can be done by looking at police reports and witness statements. Additionally, it is important to be mindful of any applicable time limits, or statutes of limitation, that may be relevant to the case. Statutes of limitation vary by state, but in the state of Hawaii, the statute of limitation for injury claims related to car accidents is two years. Therefore, the claim must be brought within two years of the accident. Evidence such as medical records, the official police report, photographs of the accident, eyewitness testimony, and medical bills can help to prove liability. Ultimately, in order to prove fault and receive damages, the plaintiff must provide evidence that shows the defendant’s conduct or failure to act, directly caused the plaintiff’s injury and damages. By doing this, a plaintiff can prove negligence and receive compensation.
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