According to the National Highway Traffic Safety Administration, approximately 42,915 people died in motor vehicle traffic accident in 2021. These casualties included cyclists and pedestrians.
Distracted driving is among the top causes of car accidents. This happens when the driver is driving while texting, eating, or talking on the phone.
Drunk driving, running the traffic lights, and stop signs are other factors that cause car accidents on roads. Often, when a car accident happens, everyone points fingers, making it hard to know who is at fault.
Determining fault in a car accident can happen in various ways. Below are three ways that’ll help in determining who’s at fault in a car accident.
- Reading the Police Report
After a car accident happens, the police will rush to the scene as soon as possible. After arrival, the police analyze the accident scene and try to figure out who is at fault.
The police will draw a complete diagram of the incident in the report. Police officers will also record the magnitude and location of the vehicle damage.
If the police fail to show up at the accident scene, both drivers can file a self-reported accident form. Often, your insurance company will read the police report after it’s filed.
It’s recommendable to request a copy of the police report after assessing the scene. By doing so, you can amend potential errors or highlight any inaccuracies.
- Comparative Negligence
More than one driver might have made a mistake and caused a car accident in some cases. For instance, one driver might have been overspeeding while the other one runs through a red light.
In such a scenario, both drivers will have contributed to the accident. So, the insurance company will send agents to examine the extent to which each side is liable and assign a percentage.
The amounts of compensation or damages you can receive will decrease by the percentage you’re at fault.
If the assessment finds you more liable for the car crash than the other driver by a considerable percentage, you risk getting no financial compensation. But if you feel like the other party was more liable, it’s important to contact a car accident attorney who can help you file a claim and prove that other driver’s fault.
- Admittance
One of the drivers may admit to causing the incident after the crash occurs. When this happens, a witness will confirm to the police that one of the drivers admitted the fault.
The police will include this information in their analysis and file the report. At this moment, the insurance company in question will assign blame for the accident to the driver who admitted fault.
You can view more on how is fault determined in a car accident here.
Determining Fault in a Car Accident
Car accidents are undesirable and can cause lifelong injuries and fatalities. It’s best to call your injury lawyer after being at fault in a car accident.
Your lawyer will guide you on the legal procedures to help with your car lawsuit. Ensure you hire a reputable personal injury attorney to help you win the case.
See our page for more legal, auto, and motor information articles.
