Law

Here’s How to Determine Fault in a Car Accident

Every year, about six million crashes occur throughout the US. As often as accidents occur, car accident fault isn’t always clear. If you can’t determine who was at fault, you might struggle to file a car accident claim.

Read on to learn how to determine fault in a car accident. Reviewing this guide can benefit your case. 

Then, you can file a lawsuit and use your auto accident settlement to cover your losses.

Keep reading to learn everything you need to know about determining fault today.

The Police Report

Immediately after a car accident, make sure to call the police. In some states, you’re legally obligated to call the police after a crash. 

The police will file an official report regarding the case. They keep a record of:

  • Who was involved
  • Property damages
  • Injuries
  • Traffic citations

When speaking to the police, make sure to stick to the facts. Don’t embellish or assign blame.

The police will speak to everyone involved in the crash, as well as anyone who witnessed the crash. Their official report might help with how to determine fault in a car crash.

For example, they might indicate who was at fault based on the traffic citation they issued. Perhaps someone drove through a red light or was driving while intoxicated. Maybe someone was texting and driving instead.

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Reckless driving accounts for 33% of accidents that result in death. Every day, over nine people die due to distracted driving.

The officer will make note of these circumstances if they’re relevant to your case.

The Insurance Company’s Assessment

After an accident, make sure to contact your insurance company to file your claim.

The insurance company will assign an adjuster to your car accident claim. The adjuster will investigate what happened in order to determine car accident fault.

During their investigation, they’ll look at medical reports, damages, and the police report. They’ll also contact witnesses who saw what happened. 

Adjusters will consider the legal definition of negligence based on the state where the accident occurred. For example, perhaps a driver didn’t exercise necessary precaution, resulting in a crash.

Going to Court

You can also determine who was at fault for the crash by taking your case to court.

Consider hiring a personal injury attorney for your case. They can gather evidence, including:

  • The official police report
  • Medical reports
  • Testimonies from experts
  • Witness statements

A judge and jury will review the evidence after hearing arguments from each party’s lawyers. Then, the judge or jury will determine who was at fault for the crash.

Before pursuing a lawsuit, make sure to find a lawyer with years of relevant case experience. The best injury lawyer will help prove you weren’t at fault.

How to Determine Fault in a Car Accident: Make Your Case Today

Learning how to determine fault in a car accident is easier with an experienced lawyer at your side. Make sure to call a personal injury attorney the next time you’re in a crash. They can help you fight for compensation.

With their help, you can recover your losses without stress.

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