How To Determine Who Is at Fault in a Car Accident
If you’ve ever been in a car accident, you know that it can be a lot of work to determine liability. There are many elements to consider during a car crash investigation. However, while you can raise valid arguments and provide compelling proof, the final decision is not yours to make.
To have a successful case, it is crucial to back up your arguments with solid evidence. Details like damages suffered by the vehicles involved in the crash, weather conditions, and speed are only some of the elements factoring into determining fault.
Determining Liability in a Car Crash
Keep these tips in mind the next time you are involved in a crash, to simplify the bureaucratic aftermath. You should also keep in mind that establishing fault is the job of the police, insurance company, claims adjuster, or a jury of peers.
Bring your findings to a car accident lawyer in Boca Raton. A legal expert can weave the evidence into a cohesive narrative in line with your stance.
An investigation into establising liability for a car accident can address the following aspects:
Damage to the Cars
Damage suffered by the vehicles involved in the crash can point the finger at one of the drivers. The degree of destruction can indicate which car suffered a hit and was thus the victim.
Make sure to document the damage to all cars involved in the crash while at the accident scene. This will serve as fresh evidence. Consider taking a wide range of shots from different angles and distances.
The Position of the Cars
Another thing you should look at is the position of the cars. If two cars are positioned close to each other after a crash, this can indicate a collision between them. On the other hand, if one car is significantly further away from the other car, there is the possibility that a third element was involved in the accident.
If one of the cars involved in the crash was speeding, the driver will likely be under the limelight during the investigation. However, determining speed can be a tricky task.
One way to estimate a car’s speed is by looking at the damage suffered by the vehicles during impact. The faster a car heads down the road, the more devastating the crash will be.
Furthermore, there are a set of safety features that can hint at speeding as well. For example, airbags are activated only under specific circumstances.
The Weather and Road Conditions
Weather and road conditions can play an important role in accidents. Driving on wet or icy roads is considerably riskier than on dry asphalt. Drivers are advised to proceed with caution and to have the proper setup.
Sometimes adverse conditions like poor visibility may dissolve drivers from fault if they were otherwise practicing safe driving.
While documenting the accident scene, also take shots that attest to the weather and road conditions. For example, photograph or film the road, including any hindrances that might appear. Also, take a screenshot of the data shown on your phone’s weather app. This will clearly show the weather at the time of the incident.
The Importance of Determining Fault
It is important to note that Florida has a no-fault system for car crash compensation. Therefore, all the drivers involved in an incident can collect damages from their insurance company.
In case the damages are extensive and people were severely injured, the victim can file a claim against the at-fault party for compensation. If you decide to pursue this path, it is crucial to have a personal injury lawyer on your side for guidance throughout the process.
Responsible for Establishing Liability
If you were the victim of a car crash, try your best to document your experience. Also, help your lawyer access all the data they need. Try to provide solid proof that sustains your argument. In short, make it easy for the people responsible for establishing liability.