If you have been involved in a car accident, it is not always easy to establish fault. Both drivers might point the blame at the other. In that case it becomes a he-said, she-said dispute.
If there are no eyewitnesses, then an investigation must be done to determine who is at fault for the car accident. These investigations are sometimes simple, but sometimes require more intensive investigation. Well-trained individuals can determine who was at fault and who hit who in a crash.
Steps For Determining Fault in a Car Accident
Here are the steps used for determining fault:
- Collect evidence from the accident scene. Take photos of the crash scene and the damage. Call the police and have an accident report completed. Take note of any infractions or citations that are issued.
- Consider any relevant evidence. Check to see if the crash might have been caught on video by a nearby surveillance camera. Look for physical evidence, such as skid marks, damage, paint marks, the point of impact, and vehicle location.
- Check to see if the vehicle is the result of a rear-end collision or left-hand turn as in these crashes it is much easier to determine fault.
- Record comments made by the drivers after the accident. If a driver apologizes or admits fault, it can be used against him or her.
- Make sure you get statements from any witnesses. Ask these witnesses for names and contact details, which can help you with your claim later.
- Consider if either driver was negligent before the crash. This might be violation of traffic laws, drinking and driving, driving while distracted, or similar actions.
All these things can be used to help determine who is at fault for the crash and therefore liable for the damages that resulted.
Maintain Documentation and Evidence
To prove your personal injury claim, you will need to maintain documentation and evidence to support it. Keep photos, the accident report, medical records, medical bills, property damage estimates, proof of missed work and lost wages, and any statements from witnesses.
All documentation can be helpful when you pursue your personal injury claim. Your personal injury attorney will help you gather up documentation to support your claim and to help you prove that you suffered these damages and that the other driver is liable for your damages.
Consult with a Personal Injury Attorney
If you were involved in a car accident, consult with a personal injury attorney. Your accident injury lawyer will review your claim and determine the best way to proceed with your claim.
Your lawyer will establish fault and liability, determine which damages you suffered, and determine the value of your claim. With the help of a lawyer, your odds of a successful claim increase greatly.
Complete the Free Case Evaluation Form on this page to have your case reviewed by an attorney who is licensed to handle personal injury claims in your state. Time is of the essence.
