Can Damage to My Car Be Used to Determine Fault?

Car accidents are not a novelty; they occur almost every day. According to the National Safety Council’s report, about 36,164 motor accidents occurred every day and 13 200,000 throughout the year across the U.S. in 2021 alone. When these accidents occur, damages are bound to happen, and as a victim, when you want to make a claim, the damage done to your car can be helpful in the legal process.

Determining fault in a car accident is a complex process involving various evidence types. One significant piece of evidence often considered is the damage to the vehicles involved. While the damage can provide crucial clues about the nature of the accident, it is not the sole determinant in assigning fault. Understanding how car damage fits into the broader context of accident evidence is essential, and you might need the help of our experienced car accident lawyer.  In this blog, we will delve into how and if your car damage can be used to determine fault.

If you or a loved one has been in an accident that caused damage to your car, you can reach out to us. Having our lawyer by your side can significantly strengthen your case. We will help you determine who is at fault and work to help you get fair compensation.

Why hire our car accident lawyers to help you?

At Tucker Lawyers, we have a team of experienced car accident attorneys who focus on helping car accident victims. We have extensive experience gathering and analyzing various types of evidence and determining the offending party. When it comes to handling insurance providers, our lawyers are skilled negotiators who will work hard to secure a fair settlement that covers your damages, medical expenses, and other generated costs.

From filing claims to settlements or court appearances, we will guide you through every step. 

We understand how devastating car accidents can be. Thus, we will prioritize your case and ensure we help you get compensation for every damage you incurred from the accident. If you need dependable lawyers to guide and support you, we are the ones to call. Contact us at (516)399-2364 to learn more about our services.

How vehicle damage compares to other evidence

Damage to vehicles can reveal a lot about how an accident occurred. For instance, the location and extent of the damage can indicate the point of impact and the angle at which the vehicles collide. This information can help reconstruct the accident scenario. However, relying solely on damage to determine fault can be misleading. Other types of evidence are equally important, if not more so, in painting a comprehensive picture of the accident. Considering the following factors, a more accurate determination of fault can be made to build a case:

• Eyewitness Testimonies: Witnesses can provide firsthand accounts of the events leading up to the car accident, the behavior of the drivers, and other relevant details that damage alone cannot reveal. Although car damage can paint a story, eyewitnesses will give a more accurate account of what happened and how it happened.
• Police Reports: These reports often include an officer’s assessment of the accident, contributing factors, and sometimes an opinion on fault based on their investigation. However, part of a police report can still be based on the damage that happened to the car.
• Traffic Cameras and Dashcams: Video footage can offer an unbiased view of the accident, capturing details that those involved may miss or dispute. This particular evidence is more important than car damage. While a scenario can paint the damage done to your car, traffic cameras, and dash cams will show precisely what happened.
• Skid Marks and Road Conditions: This physical evidence can provide insights into the vehicles’ speed, direction, and actions before the collision. They are about as important as car damages, as they will help paint the scene, too.

How to document damage

Properly documenting damage is crucial for any subsequent investigations and insurance claims. Here are steps to ensure thorough documentation:

1. Photograph the Scene: Take clear, high-quality photos of all vehicles involved, focusing on the damaged areas. You can also capture different angles to provide a complete view.
2. Include Context: Photograph the surroundings, including traffic signs, signals, road conditions, and any other relevant details.
3. Take Notes: Write down details about the damage, such as the specific parts of the vehicle affected and the apparent severity of the damage.
4. Get Professional Assessments: A mechanic or accident reconstruction expert can help provide detailed reports on the damage, which can be used as valuable evidence.

Will the insurance company use damage to determine fault in a car accident?

Insurance companies aim to build a comprehensive picture of the accident, using all available evidence to make a fair determination of fault. They will consider vehicle damage when determining fault, but it is only one part of their investigation. Insurers will analyze the damage in conjunction with other evidence, such as:

• Statements from Drivers: Both drivers’ accounts of the accident are compared and assessed for consistency and plausibility.
• Witness Statements: Independent accounts can corroborate or contradict the drivers’ versions of events.
• Police Reports: These often carry significant weight, mainly if the report includes an opinion on fault.
• Medical Reports: Injuries sustained by the occupants can sometimes indicate the nature of the impact and corroborate the physical evidence on the vehicles.

Can you build your car accident case on damage?

While damage is a critical piece of evidence, building a car accident case solely on vehicle damage is generally insufficient. A robust case should include multiple types of evidence to support your claims. Here’s how you can strengthen your case:

1. Gather Comprehensive Evidence: Along with documenting the damage, collect eyewitness testimonies, police reports, and any available video footage.
2. Seek Expert Opinions: Accident reconstruction experts can provide detailed analyses that support your version of events.
3. Maintain Clear Records: Keep all medical records, repair bills, and communication with insurance companies well-organized.
4. Legal Advice: Consult with a lawyer specializing in car accident cases to ensure you present the strongest case possible.

Have you or a loved one been involved in a car accident that damaged your car? Let us help you file a claim!

While vehicle damage is essential in determining fault in a car accident, it should be considered alongside other critical evidence. At Tucker Lawyers, our lawyers can help you. By thoroughly documenting the damage and gathering comprehensive evidence, we can help you build a solid case to support your claims. Contact us at (516)399-2364 to learn more about our services.