There’s an excellent chance you’ll be involved in a car accident at some point in your life. Some people are fortunate enough to go their entire lives without being involved in an accident, but there are too many negligent drivers in the world to allow everyone the same benefit. If you are involved in an accident, there are many factors to consider. There’s insurance, medical need, health issues and injuries, repairs, new cars, and so much more. Even a minor fender bender causes major headaches for accident victims by the time all the calls, the arrangements, and the financial stresses are added up.
One of the most stressful aspects of any car accident is figuring out who to blame. You might know you did nothing wrong, but you aren’t the person who gets to determine who caused the accident. Before you panic, here’s how you know who determines who is at-fault in an accident, and here is how they determine that information.
The Police
When a car accident occurs, the police are often called to the scene to investigate and determine fault. While it is typically the responsibility of the police to make this determination, there are situations where they may not be able to definitively identify who was at fault. However, their role is crucial in compiling an accident report that contains all relevant details that could aid in determining fault.
The accident report is a document that provides vital information such as the names of both drivers involved in the accident, their contact information, and insurance details. The report may also contain the location of the accident, the weather conditions at the time of the accident, and the police officer’s observations of the incident.
To determine fault, the police will interview both drivers involved and any available witnesses. They will also assess the damage to each car and use the location of each car to determine the sequence of events. The police may also take into account any traffic laws that may have been broken, such as speeding or running a red light, when determining fault.
In some cases, it may be difficult to determine fault, particularly if there are conflicting accounts from the parties involved. In such situations, additional evidence such as security footage or witness statements may be necessary to make a final determination.
Overall, the police play an essential role in determining fault in most car accidents. Their thorough investigation and documentation of the accident help to provide a clear picture of what occurred, which is important for insurance purposes and for determining liability in any legal proceedings that may arise.
Insurance Agencies
If the at-fault driver decides to deny responsibility in an accident, the insurance company can review the evidence to determine who is at-fault. This is why it’s imperative you take photos, gather as much evidence as possible, can collect the contact information of all the people who witnessed the accident occur. You want to offer as much evidence and support to the insurance adjuster as you can.
Admission of Fault
The other way fault is determined is simple. If you say you’re sorry to the other driver, you are admitting fault. Even if you didn’t cause the accident, the other driver can use this against you when they deny responsibility. It’s easy to apologize after an accident, because it’s human nature to apologize for things you did not do. You might apologize to someone in the store who runs right into you because they aren’t looking, because it’s an immediate reaction and feels like a nice thing to say.
Never admit guilt at the scene of an accident. Never apologize, never speak to the person who caused the accident other than to ask if they’re all right or if they need anything. You can gather their personal information and insurance information, but you should always avoid conversation with them if you can.
Call an Attorney
If you are dealing with issues determining fault, call our office. We consult with clients free of charge when they first come to our office, and we can help you with the legal aspect of your car accident. if you want to hire an attorney to investigate the accident and find fault in the other driver’s driving, we can do it. If you want to file a lawsuit, we’ll look at the information and the case you present and let you know if it’s a case worth taking to court. Our attorneys have been handling cases like this for many years, and we are good at what we do in the courtroom. Let us help you by answering your questions and providing legal advice if you are the victim of a car accident.