Are You At Fault For A Car Wreck?

Car accidents happen so incredibly fast that it's almost impossible to recall exactly what happened -- so how do you really know if you're responsible or if the wreck was caused by the other driver? 

Honestly, you probably don't. This is a problem since liability for the accident controls which party may have to pay damages to the other for their lost wages, medical bills, and other losses. Absent having the whole accident on film, however, there are some basic tools that the court can use to assign liability for a wreck.

The Police Report

It's generally required to call the police after a car accident, especially if there are injuries involved. The police officer will often make a preliminary determination of fault right on the scene based on his or her observation of the wreck, the statements of the parties involved, and the position of the vehicles.

Quite often, the assignment of liability for a car accident falls along with certain common assumptions. For example, most of the time, rear-end accidents are presumed to be the fault of the driver who came from behind because they had an obligation to keep an assured clear distance between themselves and other drivers.

Accident Reconstruction 

Accident reconstruction is a growing field of research that has blossomed with the use of refined technology. Accident reconstruction experts use a combination of physics and practical mathematics to determine exactly what order objects collided, what force was involved, and how an accident could have been prevented.

Accident reconstruction is particularly helpful when there are accidents involving multiple vehicles or there are fatalities involved. Reconstruction can also help divide blame for an accident fairly when there are multiple factors that contributed to the wreck.

Witnesses Statements and Physical Evidence

Finally, sometimes the physical evidence and witness statements need to be combined in order to get a clearer picture of who is really liable for a wreck. Even though human memories are fallible, comparing the statements of witnesses who actually saw the wreck and its aftermath to the damage on both vehicles and on surrounding objects can help clear up any doubts.

More than likely, the insurance company involved in your case will be happy to let you think that you're responsible for your own accident -- even when you aren't. Depending on your state, any liability for the wreck could put you at a huge financial disadvantage. Protect your legal interests by speaking to a car accident attorney before you speak to your insurance company.


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