How Is Fault in a Car Accident Determined?

Did you know that about 13 car accidents occur every minute? Were you involved in a car accident case recently?

If you were, then there’s a good chance you want to know who’s at fault. Unfortunately, there’s no easy answer, and the answer depends on a number of factors.

The good news is that we’re here to help! If you want to learn how a fault in a car accident is determined, then keep reading.

We’ll break down the answer and tell you what you need to focus on. That way, you can start to plan your case.

Investigating the Scene of the Accident

Determining a car accident fault begins with investigating the scene of the accident. The police are usually called and they will look at evidence in the area. This can include any skid marks, damage to the vehicles involved, and witness statements.

They may also look at the type of weather conditions which may have played a role in the accident. They will also look at the positions of the two vehicles and the direction they were traveling to get a better sense of how the accident occurred.

An experienced accident reconstruction specialist can then analyze the data in order to determine the probable cause of the accident. Based on this analysis, they may also be able to establish which party was more at fault.

Surveying Witnesses 

Surveying witnesses is one of the key methods used to determine fault in a car accident. This involves interviewing the parties involved as well as any other witnesses that may have observed the event.

Questions asked during these interviews should include specific details such as when and where the accident happened. This also includes who was driving, what were the conditions of the roadway, and so on.

It is important that investigators act efficiently to ensure they have collected the most accurate information for their case. With this information, an investigator can compare each statement to determine what happened. From the factors revealed in the interviews, they can determine the at-fault party.

Determining Liability Through State Negligence Laws

These laws set forth a specific standard of care that each driver must adhere to when operating a vehicle. It dictates when a driver has breached that duty of care and is therefore liable for any damages or injuries resulting from the accident.

Examples of negligence could include not using a turn signal when changing lanes and driving too fast. This can also include running a red light or any other action that is inconsistent with the reasonable care that a driver in the same circumstances should take. Each state individually determines the standard of care required of drivers, and any breach of that duty of care is considered negligent.

If you think you’ve been wrongly accused, make sure to hire an accident lawyer to help you navigate these laws. You can click here for more info on choosing the best lawyer to represent you. Ultimately, the fault is determined by the court system based on the evidence presented.

Resolving Fault in a Car Accident

Fault in a car accident is commonly determined based on negligence and by examining the events that led to the collision. Although it is not always simple to determine who is at fault, speaking with an experienced lawyer can help identify the liable party.

Don’t let the burden of fault determine the outcome of your car accident. Contact an attorney today.

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