words Al Woods
Being involved in a car accident is quite a traumatic experience. What makes matters worse is the fact that you will most likely get caught up in different procedures right after the accident, including negotiations with insurance companies, or paying compensations to the victims that were wrongfully harmed in the accident. You might be wondering whether you are even going to be getting any compensation at all. This depends solely on whether you are found to be at fault for the accident or not. There’s a lot that goes into determining liability.
Before going into the different factors that are used to find out who is at fault, it is important to note that if you are ever in a car accident, you need to hire a personal injury lawyer to ensure that you are getting your rights, especially if you were injured during the accident. Professional attorneys at USA-LAW.ORG state that sometimes, accidents with life-changing injuries are ignored by insurance companies. So, you need to be able to defend your case and claim your rights. Also, having a personal injury lawyer who advocates your case and stands by you can help you during your recovery.
Below, you will find the different ways used to determine who is at fault, and how much compensation you are going to be getting.
Other Drivers Perspective
Speaking to other drivers involved in the accident can pinpoint who it is to blame. For example, if the person driving the other vehicle apologizes, then they are practically admitting that they are the person at fault. Speaking to other drivers gives you other perspectives. You can also find out whether they lost control, or they were negligent and that is why the accident occurred. If you are ever involved in an accident, never admit to being at fault and never say sorry, even if you feel like it is partially because of you.
Extent of Damage
The extent of damage done to one or both cars is also an indication that helps in deciding who is to blame for the car accident and, therefore, who will pay the other party the compensation due. If all vehicles involved have faced copious damage, then there are some different ways to ensure that each person gets the money they are due.
Nature of the Accident
This has to do with the different factors surrounding the accident. For example, did the accident occur in a heavily congested area, where there weather conditions affecting the outcome of the accident, or even whether or not the accident occurred at an intersection. These factors can affect the conclusion officials reach concerning who is at fault in the accident.
Negligence of Traffic Rules
A person could be judged as the one at fault in an accident if they neglected any of the traffic laws set by the state they are in. For example, if there is an accident and one of the drivers is driving under the influence of alcohol, even if they were not the cause of the actual accident, they are found to be at fault. Another instance is if someone is texting and driving or driving above the speed limit.
Reports written by first responders on the scene of the accident can help place the blame on the right person’s feet. They include most, if not all, of the above-mentioned details and more. Police reports are official accounts that not many can discount, except with very clear evidence.
Taking the accounts of those who were around during the accident is important because when you are involved in the accident, your perspective may not be the most accurate. Witness statements ensure that the right person is held responsible for their part in the accident. They also help ensure that the insurance company has no excuse not to pay for your car to be fixed or replaced.
If a person has a history of breaking traffic laws and being involved in accidents, then this is taken into consideration. Likewise, if the person has a stellar driving record, in which there were no traffic violations, then it is more likely that this person is not at fault for this accident either.
These factors are the most accurate indicators used to determine who is responsible for a car accident. By knowing the key factors to consider, you will know which angles to pursue to receive full compensation for your injuries, emotional distress, and property damage. Finally, it’s important to always hire a specialized attorney to ensure that you get properly compensated for all your troubles.