According to ASIRT, more than 1.25 million people die while almost 50 million are injured in a road accident every year. This is why many insurance companies that cover motor vehicles have emerged and why the state aims to build an elaborate traffic system.
Your role in a car accident may attract a lot of fines and liabilities in courts. Insurers may avoid paying indemnity. You may need to know how to determine fault in a car accident. In every car accident, someone has to be at fault.
Find out how to determine fault in a car accident here.
Why the Determination of Fault Matters
Car accidents lead to injuries, damage to property and even death. You may have had a few fender-benders in your time as a driver or witnessed some of the minor accidents that have occurred in your neighborhoods. Broken windscreens and tail lights may paint the picture of the incidents.
The question that arises is who will settle the bills for the repair?
Accident fault determination helps to transfer the costs to the people liable for causing the incident. It ensures that you will get compensation for the reckless acts of other people.
The insurance companies usually follow set accident fault determination rules to repair and take care of the damaged vehicles. Your insurer will need to assess the situation to determine whether you bear any liability in the accident. When the insurer finds that you had nothing to do with the accident then you can get some compensation for your damaged car and any bodily injuries.
The fault will also help to determine the outcome of a civil suit. Many individuals that suffer in an accident may opt to file suits in court to recover damages. The determination of fault will help to eliminate any legal liabilities on your part.
Car accidents often attract the attention of the state. Your involvement in a road accident may force the police to conduct investigations and list you as a potential lawbreaker. The identification of the individual at fault may help you to avoid a potential jail sentence.
How to Prove Fault
The police, the insurers and other third parties spend a lot of resources to realize who is at fault in an accident.
The first step in showing fault is getting witnesses. Many accidents occur in the presence of other people. They may include pedestrians or individuals living near the scene of the accident. Your innocence will depend on the testimony provided by the witnesses.
Witnesses will show your conduct before the accident.
Did you try to overtake? Was your car over speeding? Did the other driver observe the traffic rules? The accounts provided by the witnesses will help to determine the liability of all the parties involved in the accident.
In some cases, you can take photos of the accident as proof. These pictures may help you evade a court fine or get compensation for damages incurred. Photos act as a good evidentiary tool in courts and taking the right pictures may help to lift any blame from your side.
How to Determine Fault in a Car Accident Using the Police
The police help in investigations during car accidents. The traffic police officers that offer you speeding tickets may help identify reckless drivers in case of an incident by conducting interrogations. You may need to provide your full attention during the interrogations even if you have little liking for the cops.
The exercise will help the officers to identify their culprit for a car accident.
The police can also use the witnesses around the scene of the accident. The next time you drive recklessly remember that the roads have eyes. Any resulting accidents could bring a lot of trouble as pedestrians and other nearby citizens could highlight your utter disregard for traffic rules.
Determining Fault Through Consideration of Circumstances
In some cases, accidents occur through negligence. The drivers involved in the accident may show that they did not engage in any reckless activities. They may show that they have remained sober for years.
They may explain that they did not exceed the stipulated speed limit. And of course, they could assert that they never attempted to overtake any vehicle. In such a case, you may feel confused about how to tell who is at fault in a car accident.
Such instances require the aspect of negligence.
You have to understand that negligence involves both intentional and unintentional conduct. You may not have wished to stop your vehicle in the middle of the road but because you failed to service the car, the engine stopped for a moment. Driving an un-roadworthy vehicle can cause an accident.
In such a scenario, you will bear the fault in case the driver behind you crashes to your vehicle. You have a duty to take all the necessary steps to ensure that your vehicle will not cause any hazards on the road. You can check the internet for more information related circumstances that lead to car accidents.
Relying on the Verdict of the Court
The rulings of court can help show the parties at fault in case of a car accident. The prosecution often relies on witness statements and other materials provided by the police to determine liability. It also listens to the accounts of all the drivers involved in the incident to assess the fault among all the individuals.
You will need to keep your story consistent and clear to allow the court to make the correct conclusion.
Do You Now Know How to Determine Fault in a Car Accident?
Determination of fault occurs mostly through the collection of evidence. The next time you have a fender bender or get into a serious accident, you should try to take photos or a keep a clear account of the sequence of events before the incident. The identification of fault will help to get indemnity from your insurer and prevent any legal liabilities from courts.
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