Five Factors Used to Determine Fault in a Car Accident

Categories: Car Accidents

Car Accident Lawyer

Car Accident Lawyer

Many car accidents are unavoidable, caused by inclement weather conditions or other natural phenomena. However, in most car accidents, at least one driver is at fault. Here are a few factors used in determining fault in a car accident.  

Reckless, Negligent, or Drunken Driving

If a driver involved in the accident was speeding, driving recklessly, engaging in distracted driving, such as checking their phone, or driving while under the influence, chances are that is where the fault lies. If there is any suspicion of drunkenness, the driver in question will be subject to a test. When a DUI driver is involved, they are to blame almost without a doubt. 

The Condition of the Car

Investigators will look at the angle of the steering wheel, evidence that the car suddenly accelerated, the anti-skid brakes, whether the headlights were on, whether the turn signal was used, and whether the car itself is maintained and in good working order. If you have failed to maintain your car to the point that it was a hazard to drive, you may be at fault for the accident. 

The Police Report

The police officers who arrive at the scene will take statements from everyone involved in the accident, as well as from all of the witnesses, and put them down in an official police report. This report is probably what the insurance company is most likely to refer to when determining fault. Also, a person who knows they are at fault may be inclined to lie, which will probably contradict what is stated by the other drivers involved and the witnesses. 

Road Conditions

If the road is in poor condition, it may have been the main cause of the accident. If this is the case, it’s highly likely that the fault does not lie with either of the drivers. In this case, you can file a claim against a government organization. 

Obvious Evidence

Certain accidents speak for themselves and provide a no-doubt liability. If the accident in question was one car rear-ending another, for instance, generally it is the fault of the driver in the rear. Many law enforcement officers are capable of making fairly accurate diagnoses as to the cause of a crash, and can generally tell the cause of certain collisions. 

Fault in an automobile accident is determined by many factors. If the investigation proves the other driver to be at fault, contact a local car accident lawyer such as Morales Law Firm and talk about the steps you can take towards compensation for your damages.