Who is at Fault in a Car Accident?
- January 9, 2015
- Car Accidents
When it comes to injury claims that stem from a car accident, there are a lot of elements to the case that helps to establish the claimant’s right to compensation. While some of the points may vary depending on the circumstances, one key piece to the puzzle is demonstrating who was at fault for the traffic accident. With some cases, the question of fault will not be a point of contention, but in others, a car accident attorney may need provide evidence that shows the fault of the defendant.
How do you Determine Fault in a Car Accident?
An automobile accident can be connected to a wide range of different causes. While it is true that there are some accidents where none of the drivers is at fault, the vast majority of collisions are either in part or completely the fault of at least one of the drivers. Some of the most common factors that result in car accidents include driver error or behavior, poor road conditions and equipment failure.
Demonstrating that the defendant in a car accident case is responsible for the injuries of a claimant is much the same as it would be in any other personal injury claim. The lawyer will need to show that the defendant had a responsibility to guard the safety and well being of the claimant, that they failed in this responsibility and that this failure caused an accident that resulted in the injuries of the plaintiff.
Finding Evidence in the Police Report
In regard to a car accident, much of the evidence to demonstrate the fault of a particular driver can often be found in the police report. When a police officer responds to the scene of an accident, they collect evidence, record their observations and interview people that witnessed the event. In many situations, this evidence can lead to a very clear picture concerning who caused the accident. Along with using the police report to support the case for fault, a car wreck lawyer may perform interviews that are independent of the police interviews or hire experts that specialize in things like accident reconstruction and the analysis of roadway evidence.
Can Multiple People be at Fault in a Car Accident?
In some cases, the accident may also be the fault of more than one driver and some of the fault could belong to the claimant. This is where the rule of comparative negligence can be important. Comparative negligence is the term to describe the different levels of fault that may be ascribed to different drivers in a car accident and how these different levels of fault affect any resulting litigation. If some level of blame can be placed on the claimant, it can reduce the value of the compensation and it may also be a major sticking point in any settlement negotiations.
Car accidents are certainly one of the most common types of personal injury claims and proving the fault of the defendant is just one of the many steps to building a successful case. The Dallas car accident lawyers at Guajardo & Marks have a wealth of experience when it comes to handling car accident claims and we know what it takes to bring a case to a successful resolution.