It can sometimes be difficult to determine which driver is at fault in a car accident, but it’s important to determine fault for insurance claims and lawsuits. Fault is any negligence or careless conduct that leads to a crash, and more than one driver can be at fault for a car accident. There are several factors to consider when determining fault.
Police Reports
The official police report is usually the most important document for insurance companies to determine fault. The police are usually the first people on the scene, and they provide an impartial eyewitness account of what happened. They interview the drivers and witnesses, and they piece together what happened based on what they hear and see.
Depending on the circumstances of the crash, the police report might include information about whether one of the drivers was acting carelessly or recklessly. However, the police report does not automatically determine who will be held legally responsible for the accident. Even if the report states that one driver was responsible, an insurance company or a court might have a different opinion.
Motor Vehicle Code
All states have a motor vehicle code that explains the rules of the road and provides information about judicial decisions for car accidents. For example, in some states, if a police officer issues a driver a ticket for violating traffic laws, it could be proof of fault in the accident.
Vehicle Damage
In some cases, the damage to the vehicles provides valuable information about which driver was at fault. If the damage shows that there was a rear-end collision, the person who struck the rear-end of the vehicle is most likely at fault. Drivers should always leave enough space between their car and the car in front of them. Even if the driver in front slams on the brakes, the following driver should be able to stop in time.
If the damage shows that one driver was struck after making a left turn against oncoming traffic, that driver will probably be found at fault. Cars going straight have the right-of-way when there is no green arrow. The location of the damage will reveal what happened.
Proving fault usually requires a thorough understanding of your state’s traffic laws. If you were in a serious car accident, consider hiring an attorney to help you determine who was at fault. Ohio Accident Attorneys can get you in contact with an experienced car accident attorney in your area who can discuss your legal options. Contact us today at (888) 906-4943 for a free consultation.