Proving fault is car accidents is not always easy. There can be a number of factors that can cloud the determination of liability. Nevertheless, regardless of what type of accident has occurred, there are certain elements that can help in showing who was at fault. This post will highlight them.
Police reports – With most accidents, a law enforcement officer will stop and create a report detailing his or her observations about the scene. The report may also include helpful facts about who may have been at fault, such as skid marks suggesting that a one car was travelling at a high rate of speed (i.e. speeding), or that an observation of a driver may suggest that he or she was under the influence of alcohol.
Traffic violations – In the same vein, evidence of (or a conviction for) a traffic violation could also help in proving liability. After all, a criminal conviction can serve as evidence that a driver failed to use reasonable care while driving a vehicle, and that such a failure was the proximate cause of the accident that led to the injury.
Vehicle damage – There are certain crashes where it is pretty obvious who was at fault (e.g. rear end collisions). Even when it appears clear about liability, it is still worth investigating to see if there are other drivers who could be at fault; especially where there is a multi-car accident.
If you have questions about how these elements may work in a personal injury case, an experienced attorney can help.