Who is at fault? That’s the most challenging question asked on an accident scene. No one wants to be at fault, even when there is evidence to prove so. Accidents do happen every day. Due to the increased number of vehicles and careless drivers, its number is increasing with more injuries and even death. You might be careful on the road, but the other party isn’t, or other factors led to an accident. Proving to the court the other party is at fault is the most challenging but most crucial part since it determines whether you will get compensation or your insurance has to compensate the other party. Read till the end on how to do it.
What constitutes an at-fault accident?
An at-fault accident is whereby you or the other road user causes an accident that leads to damages and injuries. The party that causes the accident is determined by their actions, speed, or position before the accident. According to injury lawyers from https://stokesstemle.com/, the at-fault insurance company is responsible for compensating all the parties for the damages and injuries suffered during the accident. However, the most challenging part becomes when to determine who caused the accident since no one admits liability. If you are not at fault, you also have the responsibility of gathering evidence and witnesses to prove the other driver’s negligence and get compensation.
What to do after the accident?
You have to play your cards well after the accident to avoid becoming a victim and have enough evidence to stand with the insurance office or in court when the case prolongs. First, it is crucial to get medical attention to secure your life and organize to get all the accident scene evidence. Besides taking photos, videos, and the witnesses’ accounts, it’s essential to take the other driver’s details, including their legal name, driving license, license plate, details of the vehicle, insurance number, and insurance provider. You should also get the witnesses’ narration and other details that may fit necessary for your compensation case.
What proves the other driver is at fault?
Three main things prove the other driver in an accident scene is at fault. These things include the below:
- The Police Report: The police report carries out all the accident scene details and points out who is at fault. It is essential for getting a copy of the police report and handing it to your attorney. The police report can state if someone violated a traffic sign or law and pinpoint what caused the accident.
- State Traffic Laws: There are state laws that govern road use and how one can drive. You can use these laws to pin someone to be at fault during an accident. These rules, also known as Vehicle Code, vary from state to state but have one motive: to enhance safe driving. The law gives out speed limits, right of way, traffic signs, roadway posts, and much more, which govern the drivers when on the road. Suppose the other driver failed to follow any of the rules, which led to the accident. In that case, they become at fault, and the law will subject them to pay for the damages and injuries.
- No Doubt liability: Sometimes, you don’t have to check on the law or seek the police report to know who is at fault. It becomes so obvious who caused an accident, depending on the outcome of the accident. Type of these scenarios include:
- The rear-end collision: It involves being hit from behind by the other driver. It shows the other driver was not keen enough while driving and didn’t see you stopping.
- Left-turn accidents: any car making the left turn can cause an accident with an oncoming vehicle, thus regarded liable for the accident. Before turning left, they should have looked in the incoming traffic and turned when there was none. However, there are exceptions, including if the incoming vehicle was at a higher speed than required, went through a red light, or when the left-turn began when the road was clear and safe to do so.
- Negligence accidents: When the other party drivers carelessly, driving under the influence or was asleep on the wheel, the liability rests on them since it’s obvious they caused the accident.
When you get involved in a collision, you should at all costs never admit liability even when the other driver insists so. Ensure all the investigations are done to establish who is liable for the accident. It is also essential to get a competent lawyer to help you with the investigation, gather evidence, and help you seek compensation after it’s determined you were not at fault.