Determining Fault In A Car Accident

When you are pursuing a car accident case, one of the most important things to determine is who is at fault for the accident. In some cases, this might be cut and dry, but in other cases, there is a lot that you can do to help determine who is at fault. The more evidence you have, the easier it should be to get a clear picture of what happened and make a strong case.

What Sort of Evidence Should You Gather?

Taking pictures is one of the best ways to determine what happened in an accident. Just after the accident is the best time to take pictures, and as long as you are safe and in good condition to do so, you should take pictures of the damage to your car and the scene of the accident. You could also talk to witnesses to make sure that they leave statements with the police.

What about Cases that Are Not Always Cut and Dry?

In most cases, a person who rear ends another person is at fault for the accident. Similarly, a person who backs out of a parking spot into another person or makes a left turn into traffic is typically at fault for the accident. However, there are certain conditions that could change the fault ruling. For example, if the person in front of you slams on their brakes for no reason, they can be at least partially at fault for the accident. If you back out of spot, and then someone runs into you, they are at fault, and if you make a left turn on a green arrow and someone collides with you, you are not the one who is fault for the accident. While it would be easy to make a snap conclusion that you are at fault because you ran into someone, the right evidence can help to prove exactly what happened. 

In some states, a person who is at least partially at fault for an accident cannot file a personal injury claim; in other states, the damages you are awarded will be reduced by the percent that you were at fault. While it is the police and/or insurance adjuster who ultimately determines who is at fault, you can make their job easier by gathering the right evidence. If you were injured due to the actions of another person, you should not have to pay for it, and to make sure everything comes out just the way that it should, you need to take a proactive role in gathering evidence. 

If you need extra help, contact a car accident attorney like Speers Reuland & Cibulskis, P.C.

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