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Car accidents can be a complicated matter. No one expects to get into a car accident, and thus the experience can be very shocking. It can be difficult to determine the true cause of an accident.
However, determining fault in an accident can be a matter of extreme importance. If you’ve been injured in an accident due to another driver’s negligence, you might have a right to compensation under the law. This compensation can be essential, as medical care in the U.S. can be quite expensive.
Do you know how to determine fault in a car accident case? Being able to provide evidence and make a case against another driver will impact the amount of compensation you’ll be able to receive.
Read on and we’ll walk you through everything you need to know.
Table of Contents
Proving Fault of Another Driver
When an accident happens on the roadway, someone is at fault. There are many different reasons why an accident might have occurred. Someone might have been speeding, ran a red light, or wasn’t paying attention to the road.
More often than not, the fault of an accident rests on one driver’s shoulders. Careless behavior that leads to an accident is known as ‘negligent’ behavior in the eye of the law.
The main job of any car accident attorney will be to prove the fault of the other driver in the case. This is done by providing evidence to indicate how the accident occurred. It is not recommended that you take this legal process on by yourself.
It’s recommended that you find a car accident attorney who is experienced, passionate, and who will fight for you to get the compensation that you truly deserve.
Gathering Evidence for the Case
What kind of evidence can help contribute to this task? There are a number of different elements that can help prove fault in a car accident case.
The Police Report
The most common element found in all accident cases is the police report. In any size accident, the police must come to the scene of the crime and make an official report. This report will contain recollections from both parties involved.
In many cases, a police report will contain the officer’s official opinion of how an accident was caused. The opinion of this officer is taken with great seriousness when negotiating and working through a car accident case.
This is one of the most reliable sources of evidence. You should easily be able to get a copy of the police report by contacting your local law enforcement office.
Witness Testimonies
Without outside evidence, a car accident case can quickly dissolve into a game of he-said/she-said. You want to avoid that.
This is why witness testimonies can be an incredibly important piece of evidence in the case. They provide a third-party perspective on an accident and they might provide key evidence on how it occurred.
If you’ve been in an accident, it’s a great idea to try and get the contact information for any other drivers or witnesses who might have seen the accident occur. If these people are willing to testify later, they can provide a great asset to your case.
State Driving Laws
The most important piece of evidence you’ll have to lean on? State driving laws. That is, of course, if the other driver violated them in any way.
Any breaking of your state’s vehicle code will no doubt cast suspicion on the behavior of the other driver in your car accident case. Failure to properly signal, provide proper right of way, or conform to traffic expectations can render a driver negligent.
The state should provide a simple and clear version of these road rules by request. When you discuss a claim with your insurance adjuster, you should be able to reference the exact law, with the precise wording.
Precision matters when discussing the letter of the law– another reason it might b worth it to hire an attorney for your case. A simple mistake can cost you quite a bit.
Pictures and Video from the Accident
Another smart move to employ directly after an accident occurs? Pull out the handy camera you keep in your pocket: your cell phone.
The ones deciding on the fate of your case later won’t be present at the scene of the accident. But you can get as close as possible to that reality by taking a large number of photos and videos at the scene of the accident.
Capturing the damage done to both vehicles can be important in attaining proper compensation, but it can also help investigators to determine fault. Capturing the position of the vehicles to one another and the roadway as a whole can also provide important clues to how an accident might have occurred.
These photos can also be helpful to capture the road conditions and the general weather of the day. If you are too injured to take the photos yourself, consider having someone else at the scene take them for you.
These photos can be too valuable to leave the scene without.
How to Determine Fault in a Car Accident
If you’ve been injured in an accident, you have a long fight for compensation ahead of you. In order to win, you’ll need to know how to determine fault in a car accident case. The above information can ensure you get the evidence you need to come out on top.
Need more legal advice, tips, or tricks? Keep scrolling our blog for more helpful info.
