If you were involved in an accident because a driver didn’t use a turn signal, you can file a personal injury claim to receive compensation for your damages.
While all personal injury claims are challenging, those filed against commercial operations are even more difficult because of the additional steps that are required and because of the differences in the insurance coverage. Also, different regulations come into play for commercial vehicles and that could affect your investigation to show liability.
You should consult with a personal injury attorney to ensure your rights are protected throughout the claims process.
Proving Liability After an Accident Where a Driver Didn’t Use a Turn Signal
For a personal injury claim to be successful, you must prove that the other party was negligent. There are four elements of negligence. The four elements are: duty or responsibility, breach of that duty or responsibility, causation, and damages.
All drivers have a duty to adhere to traffic laws and drive safely to protect others from harm, so the first element is a given. Next, you must show that duty was breached and that contributed to the crash. In this case, the driver didn’t adhere to traffic laws and failed to signal. Third, you must show that failing to signal, or the breach of duty, led to the accident. Lastly, you must show that accident led to the damages that you suffered.
Proving a Driver Didn’t Use a Turn Signal
It might be difficult to prove that a driver didn’t use a turn signal. After all, the driver might claim he or she did use a turn signal while you say they did not. In that case, it is one driver’s word against the other.
If there are any witnesses to the accident, that can prove beneficial for you. Corroborating witnesses go a long way in supporting personal injury claims. Another way to prove the lack of signal usage would be if a dash cam caught the entire incident on video. It should be able to reveal if the vehicle used a signal or not. You will need some supporting evidence that agrees with your allegation of them failing to use a signal.
There are most likely other contributors to the accident as well, so make sure an accident report is completed and local law enforcement complete a preliminary investigation into the crash.
Consult With a Personal Injury Attorney
If you have been involved in an accident because a driver didn’t use a turn signal, you will want a personal injury attorney to help you with this complicated claim. Personal injury lawyers work on a contingency basis, so you have nothing to lose.
Complete the Free Case Evaluation Form today, so an attorney can review the details of your case and determine the best way to proceed with your claim. A statute of limitations applies, so time is of the essence. Get your claim on track today, so you can recover compensation for your damages.
Additional Resources
- Who is at Fault if The Other Driver Didn't Signal?
- What If I Was Hit By A Car Not Using Turn Signal Out of State?
- Crash Due to a Misused Turn Signal by a USPS* Truck
*The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against USPS, or any other party, you may not be entitled to any compensation.
