How to determine who is at fault for your car accident

It is quite important to figure out who is at fault in the event of a car accident. Sometimes, figuring out who is at fault in a car accident is pretty straightforward. For example, if you have stopped your vehicle at a red light and another driver hits your car from behind, then the other driver is at fault. It is often much more difficult to figure out who is at fault for the car accident.

A car accident may involve a number of different parties. It is also possible that multiple drivers contributed to the car accident happening. Here is what you should know about proving fault in a car accident.

What can cause a car accident?

It is possible that some components of the car failed unexpectedly and led to the car accident. However, typically, human error is the primary cause of car accidents. It is common for drivers to make mistakes or drive recklessly. It is also possible that drivers may drive when they are not in the best condition. People sometimes drive even when they are distracted, tired, or under the influence of alcohol or drugs.

Another factor that can lead to car accidents is drivers violating the rule of the road. This can take many forms, from not yielding the right of way to speeding to failing to use a turn signal properly. Mechanical failure is one potential cause of car accidents, as previously mentioned. Something else that can lead to car accidents is if road maintenance crews or municipal workers don’t move debris off of the road or do not make proper repairs to the road.

In any of these cases, any of the aforementioned parties can be found at fault. If their actions led to someone getting seriously injured, then those parties may also be held accountable accordingly. The first step in determining who is at fault for a car accident is investigating the scene of the accident.

Examine the scene of the accident

This is a crucial step in figuring out who is at fault for a car accident. Car accident attorneys will often take a look at the scene of the accident to find relevant evidence. Surveillance videos, photos, and traffic camera videos can all be evidence if they recorded the accident. Of course, evidence can come in a variety of other forms, as well. Photos of skid marks, paint damage, and tire track marks can all help attorneys learn more about the accident.

One thing that such evidence can demonstrate is if any of the parties involved in the car accident were speeding. Demonstrating this can often be vital for figuring out who is at fault since the speeding driver is more likely to be at fault for the car accident. All that evidence can also clarify what direction the vehicle was hit from and what area of the vehicle was hit in the car accident.

Conduct interviews with first responders and eyewitnesses

Another step in figuring out who is at fault in a car accident is interviewing both the eyewitnesses who saw the accident and the first responders who went to the scene of the accident. Police officers who go to the accident scene undergo training so that they take note of the damage that the vehicles involved in the accident suffered. These police officers also learn to pay particular attention to the position of the vehicles after a crash.

Police officers might determine who is at fault in a car accident according to the position of the vehicles and the damage to the vehicles. However, it is not always possible to determine who is at fault in a car accident solely based on this information. Still, car accident lawyers will talk to eyewitnesses and first responders, since they can provide valuable information about the car accident. That is a standard part of figuring out who is at fault for a car accident.

Analyze medical and police reports and other documents

Car accident attorneys will also take a look at police reports, ambulance records, medical records, and other documents. All of these documents can give the attorneys a clearer picture of what happened in the car accident. Police records might also give car accident lawyers a better idea of what happened since it can sometimes prove difficult to have a thorough conversation with police officers at the accident scene. Police officers will often be otherwise occupied at the accident scene.

Employ experts for testimony and accident reconstruction

One more common step in determining who is at fault for your car accident is bringing in experts to testify, provide evidence of your injuries, and help reconstruct the car accident. Medical professionals like doctors are one example of an expert who could prove helpful in this process. Doctors can discuss the extent of your injuries so that it is clear how you were hurt in the car accident. These experts can also help project your future expenses related to the car accident. Of course, an expert would only do this if it is necessary for your particular situation.

How do car accident lawyers prove negligence?

Your car accident attorney has to prove that the parties being sued in a car accident lawsuit were actually negligent. Your lawyer must also prove that you suffered damages and that the parties you are suing were responsible for the accident. It is important to discuss what your lawyer has to prove in this case to demonstrate negligence.

The first thing that your lawyer must prove is duty. The other party, known as the defendant, did owe you what is known as a duty of care. Every driver on the road has a responsibility to drive safely and they also have an obligation to comply with the rules of the road. Your lawyer must also prove that the defendant committed a breach of that duty of care. The defendant might have breached this duty due to impairment from alcohol or drugs or they might have done so because they violated a rule of the road.

One common violation of the rules of the road is speeding. Your lawyer also has to prove that this breach made you suffer injuries. This is referred to as proving cause. Additionally, your lawyer has to prove that you suffered damages due to the injuries. Examples of these losses could be property damages and lost wages. In addition to proving damages, your lawyer also has to demonstrate that these losses exceed the amount of money you will receive from insurance reimbursement.

Determining who is at fault for your car accident can be a complicated process. That is why you should consult a good car accident lawyer. They can help you figure out who is at fault and possibly get you some compensation.

Story by Kevin Sumalinog