If you’ve recently been injured in a car accident and are seeking compensation, it’s important to understand how fault is determined to make sure that appropriate steps are taken. This process can be difficult and lengthy but with the right advice, you can get what you deserve.
In this blog post, we will explore some of the fundamental principles used in determining fault after a car accident, allowing injury victims to better understand their rights.
Explaining the Basics of Determining Fault After a Car Accident
After a car accident, determining who is at fault is an essential step in ensuring that all parties get the appropriate compensation or coverage. The process of fault determination can be complicated, and it’s important to understand all the details before you make any decisions. When it comes to fault determination, there are various elements that need to be taken into consideration, such as:
- The first factor to consider is liability. This involves understanding who was responsible for causing the accident and/or who should have exercised better control over their vehicle while driving. In most cases, a police officer will arrive on scene and investigate to determine if any laws were broken during the incident and if any parties were negligent in their behavior leading up to the crash. This includes evaluating both drivers’ speeds, control of their vehicles, lane changes, and other factors related to the accident. After this assessment is complete, the officer can then assign a percentage of liability for each driver based on their involvement in the crash.
- Another important element when determining fault after an auto accident is evidence. Any evidence that can be collected from the scene of the accident can help shed light on what really happened and who was truly at fault. These items may include photos from dashcams or surveillance cameras around the area, debris from damaged vehicles, witness statements from bystanders or people involved in the crash, skid marks on roadways indicating braking action or lack thereof, and more. It’s essential that this type of evidence is gathered soon after an accident occurs so as not to lose any important details or memories that could prove invaluable during a dispute between two parties about who was liable for causing the crash.
- In some cases when fault cannot be determined by either party involved in an auto collision or through official evidence gathered from witnesses or surveillance footage, insurance companies might step in to determine a final resolution regarding who was liable for causing damages. Insurance companies often use computer algorithms to assess various data points, such as weather conditions at time of accident and traffic flow, to determine which party was potentially more responsible than another for causing a car accident.
Methods for Determining Fault After a Car Accident
In general, the goal of fault determination is to identify how and why an accident occurred and assign responsibility for it. Depending on the circumstances, fault may be assigned to one or more parties involved. When determining fault in an accident, there are various methods that can be used to determine who is ultimately at fault, including:
- Comparative Negligence – This assigns a percentage of fault to each party involved in the accident based on their individual actions prior to or during the incident. For example, if two drivers were involved in a car crash and it was determined that both drivers had acted negligently – such as by driving too fast – one driver could be assigned 70 percent of the blame while the other driver is assigned 30 percent of blame. In this case, both drivers would share some responsibility for causing the accident.
- Contributory Negligence – This means that even if someone only contributed a small amount towards the cause of an accident – such as failing to yield right-of-way or not wearing a seatbelt – they can still be held responsible for any resulting damage or injury.
- Expert Witnesses – These witnesses may include doctors, engineers, and other professionals who can provide insight into how an accident happened and what caused it. By relying on expert testimony, courts can get a better understanding of how an incident occurred and assign appropriate levels of blame accordingly.
Belushin Law Firm, P.C. has been helping car accident victims in New York determine fault after motor vehicle wrecks for over 20 years. For information about how we can help you if you or a loved one was injured in a car accident, check out our reviews and case results.
Give us a call at (888) 918-9890 or contact us online today for a free consultation with our experienced car accident attorneys in Brooklyn.