Filing a successful auto claim after an accident requires determining liability or the party at fault. Insurance companies must determine the liability of the accident before proceeding with the claims and compensation. You need a reliable car accident attorney to succeed in this and receive compensation for the damages and injuries caused by the accident. Here are some factors that determine liability in a car accident:
Traffic Laws
If a driver overlooks a stop sign and crashes into another vehicle, causing an accident, they bear the accident’s liability. Violating traffic regulations, such as failure to yield, overspeeding, and improper lane change, may cause an accident. A car accident attorney analyzes the traffic laws and facts surrounding the accident to gain valuable insight into the liability. Insurance adjusters and law enforcement officers depend on these regulations to determine who is at fault in an accident.
Comparative Negligence
Comparative negligence happens when more than one party causes an accident; both drivers share liability. The degree of liability assigned to each party determines the compensation they receive. If one driver texts on their phone while driving and another speeds through an intersection and drivers collide with each other, the comparative negligence concept applies. Law enforcement officials must ascertain if it was an incidence of comparative negligence to establish who is at fault in an accident.
Road and Weather Conditions
Bad weather heightens a driver’s duty of care to other road users. Rain, snow, fog, and other harsh weather affect a driver’s visibility and reaction time. During bad weather, drivers must adhere to safety measures like keeping a safe distance from other vehicles. Drivers must also use fog lights and slow down. Causing an accident due to failure to observe these precautions renders the driver guilty of negligence and liable for the accident. Car accident attorneys and law enforcement officers also check weather-related preparedness, such as wipers, tread depth tires, and proper brakes to determine liability in an accident.
Evidence From the Accident Scene
Physical evidence from the scene helps determine liability as it proves the impact of other factors like weather, road conditions, and violation of traffic laws. Videos and pictures taken right after the accident capture information like traffic signals. They also capture skid marks, vehicle positions, and road conditions. Road surveillance cameras and dashboard cams capture the collision in real-time, providing a dynamic view of the incident.
Police and Witness Reports
The responding police officer investigates the accident scene by interviewing all the parties involved and eyewitnesses to establish the events leading up to the crash. They also examine the surroundings to identify other hazards that likely contributed to the accident. Legal professionals use the factors in the police report, including time of day, scene diagrams, and weather conditions, to reconstruct the accident events to determine liability. The officers also collect multiple eyewitness statements to ascertain the series of events and establish who was at fault.
Mechanical Failures
During damage evaluation, an experienced mechanic can identify faults with the vehicle that could cause an accident. Car accident lawyers review recent accidents and recall notices. This helps to identify other vehicle defects likely to contribute to an accident, especially in newer autos. If a mechanical failure caused the crash, it might shift liability to the vehicle manufacturer, the mechanic, or the car owner.
If the vehicle contains some mechanical defects, such as poor brakes or other faults from the factory and they result in an accident, the manufacturer shares the blame. They are liable for releasing a vehicle with defects without protecting the driver and other road users. A mechanic who repaired or maintained the vehicle recently may also bear liability. This occurs if they maliciously or out of ignorance leave a defect that causes an accident.
Consult a Car Accident Attorney
Some parties shift or deny liability when all evidence points to them during an accident. Hire an experienced car accident lawyer who understands all the aspects surrounding auto accidents and how best to prove liability. They help protect your rights and pursue your rightful compensation after an accident.
