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How Fault and Negligence Are Determined After a Car Accident
Nov 04, 2022
Fault in a car accident isn't often straightforward, especially when you and the other driver may spend a lot of time pointing fingers at each other. Determining fault is vital because the negligent party is responsible for the other person's damages. Explore the methods for deciding auto accident liability below.
The aftermath of a car accident is often heated and emotional, with drivers who blame each other. In other instances, a driver may admit fault by declaring that they didn't see the stop sign or other traffic signals.
Attorneys caution drivers against admitting fault at the scene since they may bear the financial burden of the other party's damages. So, don't admit fault or even say things as seemingly innocent as “sorry.” Use the time after the accident to exchange information with the other driver, take photos of the scene, and take down the contact information of witnesses.
Police reports are invaluable for determining the at-fault party after a car accident. The police determine the extent of vehicle damage and draw a diagram of where the involved cars sit on the road. Often, the police report clearly shows who was at fault. For instance, the other driver may have ignored a stop sign and T-boned your car when you had the right of way.
The police also ask the involved drivers questions and interview any witnesses, including other passengers in the vehicles. The interrogations aim to determine if speeding, drunk driving, mobile phone use, or any other factors contributed to the accident. Don't make any admissions of fault at this stage, as insurance companies read the police report. Also, read the report when it becomes available and ask for amendments if it has inaccurate details.
Once you file a claim with an insurer, the company appoints an adjuster to investigate the accident. The adjuster examines the damage on the involved vehicles, goes through medical reports, and talks to witnesses. If the other driver has insurance, your adjuster scans their policies and coverage amounts.
Then, insurance adjusters determine who is at fault for the accident. If the other party was negligent, your insurer asks the other party's insurer for reimbursement of the claim and grants you a refund of your deductible.
If the insurer assigns both parties a percentage of the fault, the insurer follows the state's laws on negligence. In states that use pure comparative negligence, you recoup damages based on the other driver's degree of liability.
Some states use moderative negligence, and you will likely not recover damages if your degree of fault is 50 or 51 percent . Alabama uses contributory negligence, where you can't recoup damages if you have any responsibility in a car collision.
Hiring an experienced trial lawyer immediately after an accident is important to help preserve any evidence that may determine who was at fault in an accident. Insurance companies for the other driver normally have adjusters and experts on the scene of an accident within hours gathering evidence to help prove their insured was not at fault. It is vital to have your attorney or his/her investigators on the scene early also so that they can obtain witness statements, take scene and vehicle photos, take measurements at the scene, download black box data before cars are altered or destroyed, obtain videos from nearby stores, etc. Evidence of how any accident occurs is harder to find days or weeks after a collision. Sometimes it is necessary for a trial lawyer to file a lawsuit as soon as possible in order to obtain black box data from the other driver’s vehicle or to obtain cell phone records of the other driver or videos from onboard cameras in tractor trailers.
Ultimately, a judge or jury will determine who is at fault in an accident if the parties cannot agree on who is at fault. While most cases are settled out of court, cases where the parties dispute who was a fault or the non fault party has suffered serious injuries or damages sometimes go to trial. A judge or jury decides if the defendant's negligent actions caused the collision and awards you compensation for physical injuries and other damages. You must have a seasoned personal injury attorney who can prove who was at fault and also demonstrate the accident's impact on your life to help you recover maximum compensation.
Car accident claims are tough to navigate because they involve many entities, including the other driver, police, and insurance adjusters. At Cartee & Lloyd Attorneys at Law, we have experienced attorneys who work on your case early to gather evidence to prove who was at fault and to build a strong case to recover all of your damages resulting from the accident. Call us today for dedicated experienced attorneys who can provide you with confidential legal advice.
Involved Drivers Decide
The aftermath of a car accident is often heated and emotional, with drivers who blame each other. In other instances, a driver may admit fault by declaring that they didn't see the stop sign or other traffic signals.
Attorneys caution drivers against admitting fault at the scene since they may bear the financial burden of the other party's damages. So, don't admit fault or even say things as seemingly innocent as “sorry.” Use the time after the accident to exchange information with the other driver, take photos of the scene, and take down the contact information of witnesses.
Police Report
Police reports are invaluable for determining the at-fault party after a car accident. The police determine the extent of vehicle damage and draw a diagram of where the involved cars sit on the road. Often, the police report clearly shows who was at fault. For instance, the other driver may have ignored a stop sign and T-boned your car when you had the right of way.
The police also ask the involved drivers questions and interview any witnesses, including other passengers in the vehicles. The interrogations aim to determine if speeding, drunk driving, mobile phone use, or any other factors contributed to the accident. Don't make any admissions of fault at this stage, as insurance companies read the police report. Also, read the report when it becomes available and ask for amendments if it has inaccurate details.
Insurance Companies
Once you file a claim with an insurer, the company appoints an adjuster to investigate the accident. The adjuster examines the damage on the involved vehicles, goes through medical reports, and talks to witnesses. If the other driver has insurance, your adjuster scans their policies and coverage amounts.
Then, insurance adjusters determine who is at fault for the accident. If the other party was negligent, your insurer asks the other party's insurer for reimbursement of the claim and grants you a refund of your deductible.
If the insurer assigns both parties a percentage of the fault, the insurer follows the state's laws on negligence. In states that use pure comparative negligence, you recoup damages based on the other driver's degree of liability.
Some states use moderative negligence, and you will likely not recover damages if your degree of fault is 50 or 51 percent . Alabama uses contributory negligence, where you can't recoup damages if you have any responsibility in a car collision.
Hire an Attorney
Hiring an experienced trial lawyer immediately after an accident is important to help preserve any evidence that may determine who was at fault in an accident. Insurance companies for the other driver normally have adjusters and experts on the scene of an accident within hours gathering evidence to help prove their insured was not at fault. It is vital to have your attorney or his/her investigators on the scene early also so that they can obtain witness statements, take scene and vehicle photos, take measurements at the scene, download black box data before cars are altered or destroyed, obtain videos from nearby stores, etc. Evidence of how any accident occurs is harder to find days or weeks after a collision. Sometimes it is necessary for a trial lawyer to file a lawsuit as soon as possible in order to obtain black box data from the other driver’s vehicle or to obtain cell phone records of the other driver or videos from onboard cameras in tractor trailers.
Court Judge or Jury
Ultimately, a judge or jury will determine who is at fault in an accident if the parties cannot agree on who is at fault. While most cases are settled out of court, cases where the parties dispute who was a fault or the non fault party has suffered serious injuries or damages sometimes go to trial. A judge or jury decides if the defendant's negligent actions caused the collision and awards you compensation for physical injuries and other damages. You must have a seasoned personal injury attorney who can prove who was at fault and also demonstrate the accident's impact on your life to help you recover maximum compensation.
Car accident claims are tough to navigate because they involve many entities, including the other driver, police, and insurance adjusters. At Cartee & Lloyd Attorneys at Law, we have experienced attorneys who work on your case early to gather evidence to prove who was at fault and to build a strong case to recover all of your damages resulting from the accident. Call us today for dedicated experienced attorneys who can provide you with confidential legal advice.
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