If you are involved in a car accident, it is important to determine who is at fault. This can be tricky, especially if the accident is minor. In order to make a determination, you will need to gather evidence and speak with witnesses. This article will discuss the steps that you need to take in order to identify the party at fault.
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The Police Report
The first responders coming out to the scene will be the authorities. The attorneys working at DiPiero Simmons McGinley & Bastress, PLLC know how important the police report is in these cases, which is why they suggest taking a copy of it with you. It will help you tremendously when making your claim if you weren’t at fault.
The police should be called as soon as possible after the accident and will usually take a report. This report is important as it can help to determine who was at fault. The police will talk to both drivers and any witnesses and will look at the damage to the vehicles.
It’s important, to tell the truth when giving your statement to the police, as any false information could be used against you later on.
Location Of Damage
The way debris is scattered at an accident scene can provide investigators with clues about what happened. Location of the damage on the vehicles can also be helpful in insurance claims and determining who is at fault.
For example, if both cars have front-end damage, it’s likely that they collided head-on. If one car has rear-end damage and the other has front-end damage, the first car probably rear-ended the second. Sideswipe accidents typically leave evidence of paint transfer on the side of one or both vehicles.
While the location of damage can be helpful, it’s not always accurate. For example, a car that hits a pothole may have front-end damage even though it wasn’t involved in a collision.
Skid Marks
These markings are among the most important pieces of evidence at an accident scene and can be essential in determining who is at fault. Skid marks can tell us the speed of a vehicle, whether or not the driver braked before impact, and can even help identify which direction a driver was traveling in. Measuring skid marks correctly is therefore crucial in any accident reconstruction.
There are three main types of skid marks:
- braking skids,
- tire skids and
- yaw skids.
All of them can be useful in different ways, and all of them need to be measured in a specific way.
Driver Statements
You will need to tell your story of what happened during the accident to your insurance company, but driver statements can also help determine who is at fault after a car accident. The police report will likely include driver statements, and these can be used as evidence in insurance claims or even personal injury lawsuits.
When you are involved in a car accident, you may be shaken up and not thinking clearly. It is important to try to stay calm and collect your thoughts before giving a driver statement. Take a few deep breaths and think about what happened leading up to the accident, during the accident, and after the accident.
It would be smart to have a lawyer helping you with your driver’s statement, especially if you are planning to file a personal injury lawsuit. However, even if you are not planning to take legal action, it is still a good idea to consult with a lawyer before giving a driver’s statement to your insurance company.
Expert Statements
Experts can give additional insight into what happened. Here are some examples:
- The position of the vehicles
- The speed of the vehicles
- Whether or not one vehicle crossed the center line
- Whether or not one vehicle was following too closely
- skid marks
- debris field
These expert statements can be used to help determine who is at fault for an accident. They use technology and their expert knowledge to look at the evidence and give their opinion on what they believe happened.
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While expert statements are not always necessary, they can be helpful in giving a more complete picture of the accident. If you are involved in an accident, consider talking to an expert to get their opinion on what happened.
Witness Statements
Witnesses at the scene can tell their point of view of what happened and how it happened. This is important when trying to determine who is at fault for an accident. When you are talking to witnesses, be sure to get their full name, address, and phone number so that you can follow up with them later if necessary. Also, take notes of what they say and try to get as much detail as possible. It’s also a good idea to have the witness write down or sign their statement if possible.
If there are no witnesses available, or if their statements do not help to clear things up, the police may investigate further by looking at evidence at the scene, such as skid marks, road debris, damage to the vehicles involved, and so on. The police report will also contain information that can be used to determine fault.
Insurance Company Report
Be sure that the insurance company will also conduct a separate investigation into the accident. They will look at the police report, any photos that were taken of the scene, and any eyewitness statements. They will also look at the damage to both vehicles. Based on all of this information, the insurance company will make a determination as to who was at fault for the accident.
For example, let’s say that you were involved in a rear-end collision. The insurance company will look at the police report to see what the officers said about the accident. They will also look at any photos of the scene to see where the vehicles ended up and what damage was done to each vehicle. If there are eyewitnesses, they will talk to them to get their version of what happened. Based on all of this information, the insurance company will most likely determine that you were not at fault for the accident.
Car accidents are dangerous and often traumatic, so it’s important to determine who caused them. The first clue should be the police report, but you cannot ignore the location of the debris and the skid marks. Statements will be taken from drivers, witnesses, and experts to get the full story. Finally, the insurance company will also investigate, meaning they’ll also have their own insight into what happened!
