Car accidents can be traumatic and overwhelming experiences, especially when determining who is at fault. Understanding how fault is determined in a car accident is crucial in ensuring that you receive the compensation you deserve. In this blog post, we will discuss the various factors that are considered when determining fault in a car accident.
1. The Police Report
The first step in determining fault in a car accident is to obtain a police report. The police report contains important details such as the date, time, and location of the accident, the names of the drivers involved, and any witnesses. The police report also includes a description of the accident and a diagram of the scene. This information is used by insurance companies and attorneys to determine fault.
2. Eyewitness Testimony
Eyewitness testimony can be a valuable tool in determining fault in a car accident. Eyewitnesses can provide details about the accident that may not be included in the police report. It is important to obtain the contact information of any eyewitnesses at the scene of the accident.
3. Vehicle Damage
The extent of the damage to the vehicles involved in the accident can also be used to determine fault. Sometimes, if one vehicle has more damage than the other, it is likely that the driver of that vehicle is at fault. However, this is not always the case, as the extent of the damage can be influenced by factors such as the speed of the vehicles and the angle of impact.
4. Traffic Laws
Traffic laws are another important factor in determining fault in a car accident. If one driver violated a traffic law, such as running a red light or speeding, they may be found at fault for the accident. It is important to obtain any traffic citations issued at the scene of the accident.
5. Comparative Negligence
In some cases, both drivers may be found partially at fault for the accident. This is known as comparative negligence. In these cases, the amount of compensation awarded is reduced based on the percentage of fault assigned to each driver.
In conclusion, understanding how fault is determined in a car accident can be a complex process. It is important to have an experienced personal injury attorney on your side to ensure that you receive the compensation you deserve.
At McGee, Lerer & Associates, we have a team of experienced attorneys who specialize in car accidents and can help you navigate the complexities of the legal system. Contact us today to learn how we can help!