One of the most critical determinations after an accident is figuring out who caused the accident. In short, which driver is at fault? Fault is the core assessment for any car accident because it clearly shows who is fully liable. From this, an accident victim who gets injured can seek compensation if they can prove that the other driver was negligent.
While fault plays a crucial role in determining the outcome of any car accident case, you may not be aware of how it’s determined. By understanding this information, you’ll have a better idea of what the outcome may be for an accident you’re involved in. Regardless of what you think, you should leave the determination of fault to the experts.
Different States Approach Fault Differently
Different states approach the matter of fault in car accidents differently. The outcome of your case may be determined by how the interpretation plays out in your state. Considering that there are different types of faults, including pure comparative negligence, contributory negligence, and modified compared negligence, it’s vital to understand your state’s fault rules.
The legal complexities of dealing with car accident cases and claims can be daunting. According to Mirman Lawyers, you should hire a car accident lawyer who understands your state’s fault laws. A lawyer has the experience and knowledge needed to determine who is at fault in the car accident. With legal representation, you don’t have to worry about what to do.
Insurance Companies Thoroughly Assess Fault
While police will write a report at the accident scene and likely decide fault, it’s the insurance companies that often have the final say. A police officer’s opinion will definitely factor into the final ruling, but that isn’t always the case. After an accident, an insurance adjuster is assigned to the case to evaluate all relevant information to determine who’s at fault.
Adjusters rely on the state’s laws regarding negligence. From what they record, they can determine who’s at fault and how that translates to compensation matters. There are no specific guidelines on how insurance companies determine fault. The two insurance providers involved may defer on how fault is determined. If they can’t agree, legal action is required.
Did Either Driver Break Traffic Laws?
Another way of determining fault in car accidents is whether either of the drivers broke any traffic laws. In most cases, drivers who break traffic laws are almost always found at fault. This includes behaviors like running a red light, overspeeding, failing to yield, tailgating, not stopping at a stop sign or anything else that would result in a ticket.
The reason why finding out whether a driver broke traffic laws is vital is because violating them means negligence. And because negligence often translates to a fault, a traffic law violation likely caused the car accident. A great way to avoid car accidents is to ensure you’re not breaking traffic laws. This isn’t always a perfect defense, but it helps in most situations.
Evidence Collected Plays a Huge Role
When insurance companies start evaluating fault in a car accident, evidence plays a critical role. That includes photos taken at the accident scene, eyewitness accounts, police report, dashcam footage, and any other evidence that can show what happened. Some evidence is critical, and more so, the physical evidence that the insurance company gets.
Take as many photos as you can and see whether anyone witnesses the crash and take their contacts. Consider installing a quality dashcam in your car if you don’t already have one. Video footage provides credible evidence that will tell the truth about exactly what happened. The evidence collected will help determine who’s at fault.
After collecting all the evidence, the insurance companies involved can see what led to the accident. Both parties are also scrutinized to see if any of them contributed to the crash. Sometimes, the fault may be distributed, meaning you may be partially responsible. All in all, the fault has to be determined, and so long as you’re less than 50% to blame, you may get the compensation you deserve for your suffering.