Media post: How is Fault Determined in a Car Accident
After a car accident, one of the first and most pressing questions is often: who was at fault? Not only is the answer to this question crucial for your understanding, but it also has important legal ramifications.
Knowing who’s responsible for a car accident can directly impact insurance claims, potential lawsuits, and who should bear the financial burden of the damage and injuries.
However, the process of fault determination is far from straightforward. It involves a thorough examination of the circumstances surrounding the accident.
Keep reading this article to learn how fault is determined in a car accident.
- Hire A Car Accident Lawyer
Determining fault in a vehicular collision is a legal matter that requires the assistance of a good lawyer. This professional has extensive experience and expertise understanding state-specific traffic laws and regulations. For example, if you’ve been injured in New York, a New York car accident lawyer can help.
They can assist you in asserting your rights and identifying the party liable for the accident. They can also examine the specifics of your case to create a solid strategy to establish the other party’s liability and improve your chances of winning your case.
By seeking the assistance of a dedicated legal professional, you can ensure that the fault determination is carried out fairly and objectively.
- Consider The Police Report
Knowing that the fault determination process often begins at the accident scene is essential. The police officer will respond to the scene and thoroughly investigate what happened. After the investigation, they’ll compile a report of the accident.
Typically, the police report will include the following:
– Diagrams of the accident
– Statements from the parties involved
– The officer’s assessment of who was at fault
If available, it can also include photographs or video footage of the accident site to document the incident’s immediate aftermath.
Therefore, it’s important to secure a copy of the police report as it can help establish the liability of one party in a car accident. Make sure to fully cooperate with the police at the accident scene to help them create a comprehensive police report.
- Check The Traffic Laws That Govern The Accident’s Location
Another aspect considered when establishing fault is the traffic laws at the accident’s location. Traffic laws are designed to regulate the behavior of motorists. For instance, if a motorist ran a red light, drove under the influence, or was speeding during the accident, they may be deemed at fault.
However, it’s important to note that traffic violations don’t automatically establish fault for an accident. It’s especially true when multiple parties may have violated traffic laws. For these reasons, you should stay informed about the applicable traffic laws in your area to know who was at fault for a vehicular accident.
- Apply The Principle Of Negligence
In many states, the determination of fault is governed by the principle of negligence. Negligence refers to a driver’s failure to act responsibly or to do what a reasonable person would do under the same circumstances. It means that even if drivers did not intentionally cause an accident, they could still be held responsible if their carelessness led to the collision.
Assessing negligence requires a thorough investigation into the circumstances of the accident. Moreover, three types of negligence states are used when establishing liability in a car accident. These include:
– Comparative Negligence: If you and the other driver are responsible for the accident, you share the cost of damages/losses in proportion to each driver’s percentage of fault.
– Modified Comparative Negligence: If you were 51% at fault for the accident, you can’t seek compensation from the other driver. If you and the other driver’s share were 50/50 at fault, each would pay half of the other person’s losses.
– Contributory Negligence: If you’re responsible for causing the accident, you can’t recover compensation from the other driver.
These are the types of negligence principles used in determining who was at fault in a car accident, depending on your state. Check your state laws to know which principle applies to your case.
- Obtain Witness Statements
Statements from witnesses are also critical in determining fault in a car accident. Generally, third-party observers can provide valuable perspectives on the events leading up to the crash, which can support or refute the accounts provided by the drivers involved.
Witnesses can include passengers, bystanders, or even drivers of other vehicles who were present at the scene of the accident. Make sure to collect their contact information for further use in the investigation.
- Work With The Insurance Companies
The insurance companies of the parties involved in the accident play a significant role in determining fault. They conduct their investigations, which may involve reviewing the police report, interviewing the drivers and witnesses, inspecting the vehicle damage, and reconstructing the accident. As such, they have every opportunity to find out who was at fault for the car accident.
However, it’s crucial to remember that insurance companies have their interests at heart, and their determination of fault might only sometimes align with a fair and objective assessment of the situation. Therefore, it’s best to work with an experienced lawyer to protect your interests during negotiations.
Conclusion
Dealing with a car accident can be a daunting experience. Many things need to be considered, and one of them is the fault determination process. So, if you’ve been injured in a collision, keep reading this article to learn the different ways of determining fault in a car accident. Due to the complexity of this process, legal advice from experts in this field can be invaluable in navigating the process and ensuring a fair outcome.
