How is fault determined?
Tens of millions of people drive a car on a daily basis in this country. Because of the high volume of drivers, even a good driver will get into an accident every once in a while. Whenever there is an accident, one of the most important things to determine is who is at fault. Those that are at fault will likely be responsible for the majority of all costs associated with the accident. Since each car accident is different, the way that the accident fault will be determined can vary considerably from one accident to the next. However, there are several common ways that accident fault is typically determined.
The most common way that the fault is determined in a car accident is through driver resolution. Most car accidents and up being pretty one-sided issues where one party clearly made a mistake. In the majority of these situations, both parties are able to agree on which party was at fault. In many of these situations the entire resolution of the accident can be done without the use of police or legal support. Instead, both parties and their insurance companies can come up with an easy way to make restitution.
Witnesses on the Scene
Another common way that fault is determined in a car accident is through witnesses of the accident. If your accident happened near a busy intersection there is a very good chance that a lot of different people witnessed it. These witnesses often can get an account of the details better than the drivers themselves. If the two drivers have different opinions of what happened to cause the accident, the witnesses may be involved in helping both parties come to a resolution.
In most situations drivers are able to both drive away from the auto accident scene. However, in situations where there is no resolution or a car is too damaged to driveway, police intervention may be necessary. When the police arrived on the scene of an accident they will do their best to determine what caused the accident to occur and who was at fault. They will do this by speaking with all parties involved in the crash, interviewing and he what is this that are still on the scene, and completing Sebright he test if necessary. If there is additional evidence available, such as video recordings from nearby security cameras, the police officers need to take those into consideration as well. Once this has been determined by the police officer, they will write up a full police report and potentially even write driving violation tickets to the at fault party.
Driving a car legally in most areas of the country will require you to have some auto insurance. If you happen to be involved in an accident in which both is not clear, the insurance companies could quickly determine fault on their own. In situations where the insurance company needs to approve a clean, they will do everything they can to minimize their costs. In some situations this will include placing blame on you even if you were not at fault. They may do this in an attempt to avoid a more costly trial.
The last alternative for determining who is at fault in an auto accident is going through the legal process. If you and all other parties involved are not able to determine who was at fault and responsible, you likely will need to go through the civil trial process. This process can include presented the case in evidence in front of a judge and jury. They will then be able to review all of the information provided to best determine who was truly at fault.
In conclusion, if you have been injured in an auto accident, it would be a good idea to reach out to a professional for legal representation. A personal injury attorney will be able to ride you with assistance to ensure that you are not unfairly assigned blame. The personal injury lawyer will also be able to work with your insurance company and even represent you in trial to further protect your rights.