accident attorney

How to Determine who is to Blame After a car Accident and how to use Lawyers to Help

Generally, the driver who causes the accident must take responsibility and settle all damages. However, different laws apply in different states, and part of the blame can be apportioned to each party involved in the accident, leading to monetary obligations for both drivers. Insurance companies may also come in to settle the damages, in which case they calculate each driver’s liability for purposes of indemnification. Understanding how to pursue a case involving car accident to determine who is at fault is necessary and simple as outlined below.

Collecting evidence
Any driver who gets into an accident due to the violation of traffic law(s) may find it daunting to divert the charges to another person, even when the other driver deserves a share of the blame. If a driver is charged with speeding or any other violation of the traffic laws, it is likely the sole liability resulting from the accident will be placed on him/her.

Insurance companies may disagree with the findings police present at the time of determining liability, so it’s necessary to inform the police immediately after the accident and both vehicles should not be transferred to a different location unless with the direction of an officer.

Different types of evidence can be used to deduct who was at fault, including photos, statements from witnesses, private or public video cameras, and physical evidence from the scene of accident. In case the accident was as a result of a rear-end collision, the driver coming from behind may be held responsible. Viewed from different angle, the driver in front could have slammed on the brakes while cruising at high speed and without making any indication, thereby leading to a rear ending situation. In this case, the driver in front is at fault.

Record comments from both drivers after the accident because this information is required while settling the puzzle. Some drives admit guilt after the accident and this could help to shorten the lengthy process of analysing the situation to know who is at fault. Statements like “I feel sorry for hitting you” are a hint that the driver is the one in the wrong and should, therefore, make up for any damages.

Seek the intervention of an accident attorney
Most accidents are as a result of violations of the law. Some laws require expert intervention, so you should consider hiring an accident attorney to help in the settlement of the case and to easily determine who is to blame. The attorney can also collect and organise material facts.

Even when the victims are not present, the attorney can help to settle the case by offering vital information that highlights the condition of each of the vehicles, conditions leading to the occurrence of the accident, and the state of each driver before and at the time the accident occurred. Knowledge of law and procedures to follow while settling accident cases will also help the insurance companies to spread the liability in a fair manner.

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