You’re driving along, paying attention to the road laws, when a driver rear-ends you at a stop sign. Or maybe it’s a rainy day, and you hydroplane, sending you crashing into the vehicle in the opposite lane. Who is at fault? Determining car accident fault isn’t always obvious. Several pieces of evidence will be looked at when deciding which driver caused the accident.
Continue reading below to learn what those evidence types are and which are most important to your case.
When the police arrive at the car accident scene, they write and file a report about the incident. This is usually one of the most critical pieces of evidence in determining who was at fault. Both personal injury attorneys and insurance claim adjusters will place a lot of weight on this specific piece of evidence.
Included in most police reports are statements from both drivers and all passengers. It will also say whether either driver was issued a citation and who the officer at the scene thought was at fault.
The state and local traffic laws will also be important in determining which driver was at fault. Things that will be looked at include whether either driver was speeding and who had the right of way (if applicable).
In rear-end collisions, the driver in the back is usually presumed to be at fault. It doesn’t matter if the person in front hit their brakes suddenly or made an otherwise unsafe choice when driving.
The person in the back is presumed guilty due to laws regarding safe driving distances. Drivers are required to keep a certain length between them and vehicles to the front of them. This length should be enough to stop safely if your brakes are working correctly.
Other Possible Evidence Types
In certain situations, other types of evidence may be used to determine who was at fault. Witness statements, photographs, and the location of vehicle damage may all be taken into consideration. These are generally only looked at when it’s not immediately obvious who caused the accident.
If you’re lucky, the other driver may also admit fault. In this situation, the admittance trumps all other evidence types. It isn’t as rare as you think for a driver to admit they were at fault, but it’s also not something you should count on to build your case.
In all car accidents, it’s best to work with a reliable personal injury lawyer in Pensacola. The car insurance claims process can be confusing. It helps to have a professional working with you to ensure everything goes as smoothly as possible.
Do You Have More Questions About Determining Car Accident Fault?
Although there are several types of evidence used in determining car accident fault, police reports are usually given the most weight. If you’re involved in a car accident, you should work with a professional car accident attorney.
Do you have more questions about determining car accident fault? Or do you require legal representation?
Contact us today. One of our helpful staff can answer any questions you still have on the topic. They can also set you up an appointment to speak with a car accident lawyer if desired.
Following graduation from Cumberland School of Law at Samford University, Eric Stevenson held a number of positions including Assistant State Attorney in the First Judicial Circuit of Florida. Eric has been practicing with partner Christopher Klotz since 2015 litigating personal injury and car accidents in Alabama and Florida.