How to Determine Who Is at Fault in a Car Accident

A car accident is an event that changes a person’s life in an instant. One minute, you’re going about your usual business, and the next minute, you’re facing a new reality filled with huge unplanned medical bills and vehicle repair costs, let alone dealing with the stress of missed work and possibly reduced paychecks. If you’ve been a victim, knowing who is at fault in a car accident is important in getting money to cover the costs that come about as a result.

However, insurance companies are not going to make it easy for you. They will do their best to make you appear to be more at fault, to minimize how much money you can get from your claim. At Tucker Lawyers, we’ve helped many accident victims deal with the complex aftermath of crashes. Our team knows how important proper fault determination is when you’re trying to recover.

Evidence That Shows Who Caused Car Accidents

Gathering Proof While You Recover

Evidence is one of the most important elements of determining fault. When figuring out who caused a car crash, experts look at several important things:

Official Crash Reports

You can request police reports as they give an official account of the accident. They usually include what officers saw, statements from drivers and witnesses, and, sometimes, an opinion about fault.

Witness Accounts of the Accident

Cyclists, pedestrians, and other onlookers provide outside views of what happened before, during, and after a crash. These unbiased accounts are very important when drivers tell different stories.

Physical Evidence at the Crash Scene

Evidence like skid marks, where vehicles ended up, and damage to cars tells a story that words sometimes can’t. Photos taken right after an accident make your case much stronger.

Traffic Violations

A driver who broke certain traffic rules like running a red light, speeding, or failing to yield creates a presumption of negligence that’s hard to overcome.

Take photos and collect witness information immediately after an accident. This evidence can significantly impact your case outcome and fault determination. 

Understanding Comparative Negligence in Accident Cases

How Shared Blame Affects Your Compensation

New York uses a “pure comparative negligence” system, which means that responsibility for an accident can be shared between drivers. However, under this system, your compensation gets reduced by your percentage of fault. For example, if you’re found 20% responsible for an accident with $100,000 in damages, you would only receive $80,000.

Fortunately, under New York’s system, you can still recover money even if you’re mostly at fault. Even if you’re 90% responsible, you can still get 10% of your damages. This is different from some states, where you get nothing if you’re more than half at fault.

If you’ve been in a car accident, contact Tucker Lawyers at (516) 399-2364 for a free consultation about your case.

How Insurance Companies Determine Fault

Insurance companies want to pay as little as possible, so they are quite thorough with their investigations. They look at every piece of evidence, from the reports to the physical damage. They interrogate witnesses and try to catch inconsistencies in their recollection of the event. And they will definitely approach you and try to get you to self-incriminate.

Insurance adjusters may contact you soon after an accident. Speak with an attorney before giving statements to protect your rights and potential compensation. 

Steps to Take After an Accident

Protecting Your Future When It Matters Most

To protect your rights after being in a car accident:

• Call the police right away to make sure they file an official report.
• Document everything at the scene, including car damage and road conditions.
• Exchange information with other drivers, but stick to facts and don’t discuss who’s at fault.
• See a doctor promptly, even if your injuries seem minor.

Tell your insurance company about the accident, but only provide basic facts until you’ve talked with an attorney.

How a Lawyer Makes Your Case Stronger

Getting a Fair Chance at Compensation

When there’s a dispute about who is at fault in a car accident, having a good lawyer makes a big difference. A car accident attorney offers several benefits:

• Knowledge of traffic laws and similar past cases, which helps show the other driver’s negligence while reducing your apparent responsibility
• Investigation resources to collect and preserve crucial evidence, including security footage and expert analysis
• Negotiation skills to deal effectively with insurance adjusters, presenting your case in the strongest possible way.

This experience makes a difference in your ability to get compensation.

Who Is at Fault in a Car Accident?

To determine who is at fault in a car accident, you need to carefully look at the evidence, understand the traffic laws, and get a competent car accident attorney to help with fault determination. Car accidents require a lawyer who is experienced in cases such as yours — a local lawyer who knows the local laws and systems and has a good track record of securing sizable settlements.

For help with every step of fault determination in car accidents, call Tucker Lawyers at (516) 399-2364 about your case.