Determination of Fault in a Car Accident
Who is at fault in a car accident, and how can you prove it? Each driver may have been a contributor to the cause of the accident, as well as other factors such as inadequate road signs. Understanding who is at fault will have ramifications on who might be found liable and whose insurance may have to pay.
- CAR ACCIDENT LAW GUIDE
- » Recalls and Defects in a Car Accident Case
- » Automobile Accidents and Insurance Claims
- » Legal Consequences of Fatalities Caused by Car Accidents
- » Rental Cars and Career Drivers Liabilities
- » Car Accidents Caused by Distracted Driving
- ⇒ Determination of Fault in a Car Accident
- » What to do After a Hit and Run Accident
- » Specific Injuries from Car Accidents
- » Legal Consequences of Accidents Caused by Construction or Road Flaws
- » How a Lawyer Can Help When You Are In A Car Accident
How Can I Prove Fault in a Car Accident Case?In many car accident cases, a central question is who is ultimately liable for the accident. Even if a person is at fault, his or her level of liability may be reduced or eliminated based on the laws of his or her state.
Read more- How do You Know Who is at Fault in a Car Accident?
Determining the responsible party for a car accident can sometimes be tricky. There is often a difference between who actually caused an accident and who legally is at fault. Understanding who is at fault will have ramifications on whose insurance will be required to pay for damage to vehicles and properties, and which driver might be held liable for personal injuries.
Read more - How Is a Car Accident Handled Differently in a Fault vs. No Fault State?
Car accidents happen every day. As such, states have developed their own sets of laws to handle car accident claims. How a claim is handled primarily depends on whether the accident occurs in a fault state or a no fault state.
Read more - How is Contributory and Comparative Negligence Handled in a Car Accident Case?
The legal terms of contributory negligence or comparative negligence can have a significant impact on the victim’s ability to recover for an accident. These terms can completely eliminate or reduce the amount of compensation available to the victim.
Read more - Ways You Can Prove Fault in a Car Accident
One of the first questions that arises after a motor vehicle accident is who was at fault. The answer to this question can have a dramatic impact on the parties involved, including which party’s insurance will cover the repairs and damages that the innocent party incurred. Additionally, the party at fault may be subject to fines or criminal liability.
Read more - Vehicle Rollover - Who Is Responsible?
Rollover accidents can occur with multiple different factors, involve defects, start through one or more drivers and affect drivers and passengers alike to the point of serious injury or death. These incidents usually require an investigation to fully understand what happened and how the person affected can acquire the necessary compensation for a full recovery.
Read more - Determining Liability in a Chain Reaction Accident
A chain reaction accident is one of the more severe collisions that causes a multiple car pileup and serious injuries along with extensive property damage for all involved with a greater potential for death. The first collision is usually what triggers the rest of the other drivers to become another casualty whether with bodily harm or death.
Read more - Does an Accident Reconstruction Have to be Completed After My Motor Vehicle Accident?
Accidents that are complex and possess several complicated factors generally will require an accident reconstruction to determine what elements of the incident exist, who is at fault and how to proceed through the litigation claim. Generally, these wrecks will demand the services of an expert witness for the reconstruction and understanding the relevant details.
Read more - In a Rear End Collision, Is the Guy in the Back Always at Fault?
Being in any accident can be a nightmare, but when you are the driver of a vehicle that collided with another from the rear, it can be particularly troubling. Conventional wisdom will usually tell you that the driver in the back is always at fault, and in most instances this will be true, but not all.
Read more - Legal Value of Videos in a Car Which Capture an Accident/Event
Individuals who are injured in an automotive accident or another event may benefit from having a video of such accident or event. Such footage may provide significant value in legal claims.
Read more - Who's at Fault in a Left-Hand Turn Accident?
When in an auto accident, there are many factors to consider when determining who may be at fault and how to receive compensation for the victim of the incident. One of these would be if the person making a left-hand turn is at fault and accountable for his or her actions as liable for damages.
Read more - Importance of Evidence in a Multi-Vehicle Accident
Car accidents occur for a variety of reasons, and various factors often play into the cases as a result. However, when one person is at fault in these circumstances, he or she may be the responsible party for a multi-vehicle collision. Due to certain elements that may exist in these situations, multiple persons may be seeking damages for injuries and property damage.
Read more - Little Known Facts About Motorcycle Accidents
Motorcycle accidents, though not necessarily more common than other motor vehicle accidents, can be more shocking and devastating. But, they can also be caused by some unique circumstances. A number of studies and surveys have discovered some interesting facts and statistics about motorcycle accidents:
Read more - Who Is Responsible for Bike Accidents when Hit by an Opening Door?
Persons that ride on bicycles may end up in the most dangerous accidents when not wearing protective gear. Of these, running into open doors, moving vehicles and other items are high on the list. It is important to know who is responsible for the incident when injuries transpire with an open car door.
Read more - Duties of All Drivers
When individuals are involved in an automotive accident, the legal theory is usually negligence. In order to establish that the other driver was negligent and responsible for the damages that arose, the plaintiff must prove all elements of negligence.
Read more - Is a Bicycle Considered a Car or a Pedestrian?
For anyone living in a city where foot and bike traffic are common, the question is often asked: is a bicycle a car or a pedestrian?
Read more - How to Gather Car Accident Evidence from Traffic and Security Cameras
People never expect to be involved in a car accident. They are not thinking they will at some point have to recall, in minute detail, the events that lead up to a crash. After they are involved in a crash, they attempt to reconstruct, in their mind, exactly what they think occurred.
Read more - Car Accidents Are Almost Always Due to Human Error
The National Motor Vehicle Crash Causation Survey 2005-2007(NMVCCS) was conducted in order to find out the most common causes of car crashes. The study was meant to determine the critical reasons that lead up to crashes. The authors of the study defined the critical reason as “the immediate reason for the critical pre-crash event… often the last failure in the causal chain of events leading up to the crash.”
Read more - What to Do If You Are Involved in an Accident Even If It Is Not Your Fault
Every year, millions of people are involved in motor vehicle accidents. These accidents range from minor fender benders to serious accidents that cause catastrophic injuries. Knowing how to react after an accident can help victims protect their legal rights and strengthen their case. Here are a few steps to take if you are involved in an accident that is not your fault.
Read more - Collecting the Evidence You Will Need at the Car Crash Scene
Car accident scene photos are crucial to helping you not only remember what happened but also as proof of evidence in case you need to file your claim. You could even record witness statements and contact information, take a picture of the other driver’s car insurance card and allow the driver to take a picture of yours. If your insurance company requires you to file a vehicle damage report the pictures will be most helpful.
Read more - Who Is at Fault When Weather Causes an Accident?
Car accidents can have many underlying causes; and when someone is injured, finding an “at fault” driver is crucial to ensuring the injured parties get the compensation they deserve. In many crashes, especially multi-vehicle crashes, weather is a contributing factor, making roads slicker and more dangerous. When weather plays a role in an accident, finding fault is a little trickier.
Read more
