A number of parties such as lawyers, law enforcers, as well as insurance companies may come together to investigate accidents and in turn determine who is to blame. On the other hand, if a car accident case goes to court, then the judge or jury are bound to make the legal decision after the hearing of the case.
Understanding How Fault is Determined
Under many circumstances, identifying the at-fault party in a car accident is not as easy as it sounds. It is crucial to determine who is to blame, and this process can be complex, especially when none of the involved parties wants to take any responsibility for the case. Evidence must be gathered to obtain a complete picture of what happened. The ideology behind “fault” revolves around negligence and/or carelessness. A driver will be held responsible for causing an accident if they breach their duty to drive carefully and safely. Consulting a top car accident lawyer may provide valuable insight into the legal aspects of determining fault and ensuring a thorough review of the evidence.
Importance of Determining Fault
Determining fault is crucial because it comes with financial responsibilities arising from both medical bills and property damage. The at-fault party is expected to cover the mentioned bills (whether as an individual or through an insurance company) as required by law.
The key objective is to determine who is most responsible to cause an accident. There are instances where one individual or a party is accountable whereas there are circumstances where individuals share responsibility. Shared fault requires providing a clear percentage of the occurrences for each participating party which comes in handy in helping to resolve claims.
Car Accident Cases – How Fault is Determined
While it may be difficult to apportion blame in a road accident, there are considerations that must be looked into. These stakeholders involved in determining who is to blame include:
The involved drivers
The easiest way to apportion blame is when the drivers involved come to an understanding and decide by themselves who is to take responsibility right at the scene of the unfortunate incident. If one of the driers admits fault, then they are liable to shoulder the arising financial responsibility for the occurrence. While at the scene, it is crucial to take photos of the incident as well as take contact information of any witnesses. In addition, the involved parties are advised to exchange insurance information.
The police
The police come in handy in every accident scene as they are called to analyze the occurrence. They will also take statements as of what they see as well as take statements from witnesses that will help them to make the decision of who is to blame. All visible information is collected and it will be used to compile a police report. Police reports will also indicate other factors such as driving while engaged on other matters such as a phone or driving under the influence. The report will also be accessed and used by insurance companies to make their analysis.
The drivers’ insurance companies
Immediately after a claim, car insurance companies will carry out their research and investigations. It is not every claim that comes to their table that must be paid out. However, once the evidence is obtained, then the insurer is obligated to settle the victim. Keep in mind that insurance companies are also seeking to run a profitable business and that they are more likely to avoid payouts if there is absence of adequate evidence.
Legal Considerations in Fault Finding
It is not as easy as apportioning blame but it is rather a complex process that requires a number of legal considerations to complete.
There is the concept of contributory negligence whereby each party is investigated to see if they contributed to the unfortunate incident even if it is by a small percentage. Many may not understand this concept making it crucial to employ the services of a car accident attorney from Big Ben Lawyers.
Personal Injury Protection (PIP)
Personal injury protection refers to a no-fault insurance coverage that aims at settling bills placed on medical expenses and lost wages without necessarily determining who is to blame. Keep in mind that this insurance cover only address economic loses (expenses that raise monetary bills) and it does not cover pain and suffering. There is normally a set limit to the amount that can settle liability. In the event the limit is exhausted, you can go ahead and pursue the opposing driver.
Negligence Laws
Any participating party that was negligent on the roads must be called to order and take up blame for their actions.
Practical Advice
- Consult legal services as soon as you are involved in a car accident
- Do not admit to being the cause of the incident until a lawyer reviews your case and guides you
- Be thorough before you can choose between settling in or out of court.
- Seek your compensation as soon as after the incident to avoid loss of evidence
Frequently Asked Questions (FAQs)
Q: What do you mean by “fault” in an accident?
A: Fault in a car accident case refers to the individual or party that caused the unfortunate incident. Identifying who is to blame is a crucial step before allocating liability. While it may be easier to ascertain blame in some incidents, it can be complicated in other circumstances. This stage is crucial as it determines who should be responsible for any damages.
Q: Are there instances when fault cannot be determined?
A: Yes there are. There are instances where the drivers, police, or insurance companies cannot allocate blame. There are two options to go for in such instances that will allow you to seek for justice:
- Arbitration
Some drivers can opt for arbitration whereby you can settle out of court with the help of a neutral arbitrator. The arbitrator will then decide not only who to blame but also the percentage to allocate the driver.
- Lawsuit
The other option entails going to court/filing a lawsuit in an attempt to seek payment for your damages. Here, a judge or a jury will listen to your case and appropriately apportion the blame.
Q: What are the key factors that affect fault determination?
A: Under normal circumstances, the key factors include:
- Traffic laws and regulations
We will be looking at a number of traffic violations which carry weight in such situations. These will include looking at police reports and citations which offer official documentation regarding the accident. Individuals will also consider the speed limit at the time which is a clear violation. Failing to yield at intersections or follow signage serves as a common cause of accidents. Running a red light as well as driving under the influence heavily contributes in deciding your claim.
- Car condition or malfunctions
There are instances where drivers are careful on the roads but their vehicles fail them thus causing an accident as a result of mechanical problems. Some common issues to consider include but are not limited to brake failure, steering malfunctions, as well as tire blows are known to be causes of accidents.
- Environmental factors
Some misfortunes are not about human related concerns. Environmental conditions play a significant role and they must be put into consideration. These include adverse weather such as dense fog or heavy rains which limits visibility. Other examples of adverse weather include snow and ice as well as strong winds.
Q: What do you mean by shared fault?
A: This refers to incidences where both parties that were involved in the accident contributed towards it. For example, one of the drivers may have been speeding while the other developed a malfunction which led to a head on collision. In such a circumstance, both parties are take part of the blame and each will be required to settle for liability depending on the percentage of blame they will be allocated.
Q: How is percentage of fault determined?
A: To determine the different percentages to allocate blame comes with some complexity. You must put into consideration the severity of the driver’s actions. You need to gather all relevant evidence to help determine who played what role before the occurrence of the incident.
Conclusion
Whether a driver acted negligently or the surrounding atmosphere played a major role in causing an accident, it is highly recommended that we determine accountability. The key objective around determining fault is to ensure that the party to blame takes responsibility for their action. The determination process is not easy and without the skillset and knowledge in the legal field, you may end up taking responsibility for an incident you did not cause. Consult the services of an attorney from Big Ben Lawyers specialized in the field to stand a chance of receiving fair and just compensation.
References
Ferrari R, Klar L. (2014). On Matters of Causation in Personal Injury Cases. Considerations in Forensic Examination Eur J Rheumatol. https://pmc.ncbi.nlm.nih.gov/articles/PMC5042245/
Nora Freeman Engstrom. (2018). Wake Forest Law Review – When Cars Crash: The Automobiles Tort Law Legacy. https://law.stanford.edu/wp-content/uploads/2018/06/When_Cars_Crash_-_Tort_Law_Legacy_-_As_Published.pdf