How To Determine Fault In A Car Accident

Determining fault in a car accident is a critical aspect of seeking compensation and resolving legal claims. Understanding how fault is established can significantly impact the outcome of your case. In fact, proving fault and liability is one of the most important ways that an attorney can help you after a car wreck.

Today, our friends from Marsh | Rickard | Bryan, LLC, break down the key factors a car wreck attorney considers when determining fault after a car accident.

The Importance Of Evidence To Prove Fault

The first step in determining fault is gathering as much evidence as possible from the accident scene. This includes:

• Photos and Videos: Capture images of the damage to all vehicles involved, the accident scene, road conditions, traffic signs, and any visible injuries. Video footage, if available, can be particularly helpful.
• Witness Statements: Collect contact information and statements from any witnesses who saw the accident occur. Their accounts can provide valuable insights into how the accident happened.
• Police Report: The police report is a crucial document that often contains an officer’s observations and conclusions about the accident. While it’s not always determinative of fault, and usually inadmissible in court, it provides a professional perspective on the incident.

The Role Of Traffic Laws

Determining fault often involves examining traffic laws and regulations. Each state has specific rules regarding right-of-way, speed limits, and other driving behaviors. For example:

• Right-of-Way: If one driver failed to yield the right-of-way according to traffic laws, they may be found at fault.
• Speed Limits: If a driver was speeding, they could be held responsible for the accident.
• Traffic Signals: Running a red light or stop sign typically indicates fault.

Understanding these laws helps establish which driver was legally obligated to take certain actions and whether those obligations were met.

Analyzing The Accident Scene

The physical evidence from the accident scene can reveal a lot about fault. For instance:

Point of Impact: The location and extent of vehicle damage can indicate how the collision occurred. A car with front-end damage might suggest it was struck while traveling through an intersection.

Vehicle Position: The final positions of the vehicles after the accident can help determine how the crash unfolded. Skid marks and debris can also provide clues.

Your State’s Laws About Comparative And Contributory Negligence

Fault in car accidents can also be evaluated through the lens of comparative and contributory negligence, depending on your state’s laws:

• Comparative Negligence: In many states, fault is determined on a comparative basis, meaning each driver’s degree of fault is assessed. Compensation is then awarded based on this percentage. For example, if you are found to be 30% at fault and the other driver 70%, you would receive 70% of the total damages.
• Contributory Negligence: Some states, including Alabama, follow contributory negligence rules, where if you are found to be even partially at fault, you may be barred from recovering damages.

Expert Witnesses Are Vital

In complex cases, it may be beneficial to consult with accident reconstruction experts or forensic specialists. These professionals can analyze the evidence and provide a detailed reconstruction of the accident, offering an expert opinion on fault.

Securing Legal Advice After A Wreck

Determining fault in a car accident involves a thorough examination of evidence, adherence to traffic laws, and sometimes the insights of experts. If you’ve been involved in an accident and need assistance, consulting with an experienced car accident lawyer can help you build a strong case and pursue the compensation you deserve.