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If you were in a vehicular crash, contact The Brown Firm to provide the best legal representation for your accident injury case.
The Car Accident Attorneys with The Brown Firm have both the medical and legal expertise to efficiently protect your rights and gain the compensation you deserve after suffering injuries.
We specialize in car accident injuries and can help you today. Click Below for a Free Consultation.
Work With A Car Accident Lawyer
If you have suffered injuries due to the fault or negligence of another driver, it is up to you to prove they were at fault. In complex or disputed cases, that can be difficult to do without the help of a proven car accident attorney.
At Steinberg Injury Lawyers, we are compassionate, thorough, and aggressive when pursuing maximum compensation for our clients. Dont wait until its too late to pursue your personal injury claim or file a lawsuit. Give us a call at 1-800-989-6385 for a free, no-obligation consultation today.
Still Have Questions About Who Is At Fault After An Auto Accident
A car accident is an overwhelming experience. Dealing with the police, insurance companies, and the possibility of a lawsuit can be difficult. If you have been injured in a car accident and you are concerned about whether or not you were at fault, our experienced car accident lawyers can help. In addition to providing valuable information and legal advice, our auto accident attorneys can help protect your rights and prevent your statements to the police and insurance companies from being used against you. to speak with a Sutliff & Stout accident lawyer today.
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Does A Police Report Determine Fault
Determining fault is more complicated than stating an opinion about the negligence of one or more drivers, so police reports typically wont determine who is at fault for a car accident. Even if they have an opinion supported by evidence collected at the scene by law enforcement, and included in a police report, the report will not determine fault.
While a report may contain the officers professional opinions, that report is non-binding. Even in those cases where police name a driver they believe was at fault based on their investigation, insurance companies are still the final say.
Insurance adjusters and/or experienced accident attorneys may argue that the police report itself was not a clear determination of fault for a variety of reasons, including conflicting testimony or a drivers own photographic evidence.
This is sometimes a more difficult argument to make if police have issued a ticket for negligence to one or more drivers. But even then, the question of negligence can be decided by factors surveillance cameras, eyewitness testimony other than the report filed by police on the scene.
Does A Police Report Say Who Was At Fault In Indiana
Apr 16, 2021 | Auto Accident
Indiana is an at-fault state, which means that the victim in acar accident can pursue damages from the at-fault driver. But to do so, the victim will need to prove that the other driver was at fault for the accident.
No matter what, its always smart to get a police report after a car accident. This can provide valuable proof in a car accident case.
But that doesnt necessarily mean that a police report will automatically show which driver was at fault for the accident. It can provide some guidance and proof. But, ultimately, you and your attorney will need to prove that the other driver was at fault.
Well outline what you need to know about filing a police report after an Indiana car accident.
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Using Physical Evidence To Identify The At
By looking at the damage to a vehicle after a car accident, a claims adjuster can sometimes piece together a viable picture of what happened
For instance, the adjuster may review skid marks, either from photographs or during a visit to the accident scene. By measuring the length of the skid marks and taking into account other facts about the vehicles and road conditions, the adjuster can estimate how fast a vehicle was traveling before impact.
Another way to estimate a vehicle’s speed is to examine the extent of the damage. As you can imagine, the faster a vehicle moves in an accident, the more damage it’ll sustain upon impact. Then there’s the fact that certain safety devices, like an airbag, will only activate under certain conditions. If those airbags deployed, the adjuster can assume those conditions were present at the time of the accident.
The location of the damage may also help determine what a vehicle was doing at the time of the collision. Damage to the passenger side of the vehicle in an intersection raises the possibility that the driver was turning left when the accident occurred.
Then there’s looking at the overall accident scene. Skid marks are one major clue, but another factor is the positioning of the vehicles after the accident. An adjuster can compare photographs immediately following the accident with the actual accident scene to ascertain where a vehicle was in relation to other vehicles and any other parts of the road.
Referring To Traffic Laws
Traffic laws are in place to protect everyone operating a motor vehicle, as well as pedestrians. Texas laws determine speed limits, identify appropriate ways to pass and change lanes, prohibit driving under the influence of alcohol or drugs and even regulate cell phone usage.
Violation of one of Texas traffic laws, as well as the issuance of citations, can help determine the party who may be responsible.
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Research And Know Georgias Driving Laws
Compare the laws to the area where the accident occurred. For example, if the following are true, the driver turning left would be deemed at fault:
- The drivers on opposing sides of an intersection both have a green light
- One vehicle turns left and strikes the vehicle passing straight through the intersection
This is because Georgia law mandates that drivers turning left on green yield to oncoming traffic.
The Importance Of An Attorney In A Car Accident Case
When you hire a personal injury attorney, they will guide you through the process of proving fault. They are well versed at what it takes to prove another driver negligent. They also know how to go toe-to-toe with an opposing insurance company and come out victorious. Therefore, hiring a personal injury attorney whose practice areas include car accident cases, is vital to getting the compensation you deserve. However, before you even get to the point of hiring an attorney, you can begin helping your case by procuring the following items if you dont have them already. If you do, then make sure they are all together, so they are easy to access when it comes time to meet with your attorney.
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What Is Contributory Negligence
Virginia has some of the strictest accident compensation laws in the United States. The states pure contributory negligence doctrine prevents anyone who is even 1% at fault for their accident or injuries from claiming compensation.
This law makes it especially important for victims to work with a skilled Virginia attorney who can help protect you from this harsh standard. Your attorney will work to show that you didnt cause the accident and demonstrate the other drivers complete liability for the crash.
Sometimes insurers show up at accident scenes or contact victims shortly afterward to take advantage of the victims shock and try to trick them into giving a written or recorded statement about the accident. In Virginia, insurers can use these statements to keep them from claiming fair compensation.
When you work with an experienced lawyer, theyll speak with insurers on your behalf and negotiate for the compensation youre owed. You wont have to risk saying something that an insurer can use against you or bother talking to them at all.
Avoid Admitting Fault After The Accident
You might find it difficult, but try to avoid admitting fault. Dont lie. Simply report the facts as you saw them without saying its my fault.
The police and the insurance companies will come to their own conclusions about who is at-fault in an accident based on all of the facts and reports from everyone involved and any witnesses. Your insurance group may also seek legal advice to help identify the faulty party.
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What If The Other Party Lied On A Police Accident Report
When the other party lies about what happened during an accident, its more than just frustratingits illegal. In Pennsylvania, purposefully providing a false report to the police is a misdemeanor thats punishable by up to one year in prison and a fine of $2,500. However, when the other party gives a statement that counters yours, it doesnt always mean that theyre behaving criminally. Instead, they might be biased, misunderstand what happened, or have the order of events mixed up.
In any case, an inaccurate police report will have serious consequences for your injury claim. If you find yourself in this situation, there are a few things you can do to fight back. First, it’s important to remember that determining fault is not always clear-cut. If there is evidence to support your claim that the police report is inaccurate, a lawyer can make sure to gather it and present it in a clear and concise way. Your lawyer can also speak to witnesses who corroborate your version of events. These are just a few ways working with an experienced attorney can ensure your rights are protected.
How Police Determine Who Is At Fault In A Car Accident
Once a car accident is reported, police will come to the scene where they will fill out a police report of what happened.
The police officer will interview drivers, passengers, and any witnesses about the accident by asking a series of questions designed to piece together the sequence of events of the wreck. The goal is to piece together an account of what occurred.
Once the police officer decides that he or she has enough information, they will submit their report to their department.
The police report may contain a statement about who was at fault for the auto accident based on the police officers professional judgment.
However, many police reports do NOT include a determination of fault . Its important to understand that even if a police report states who was responsible for a car accident, this does not automatically mean that the person will be held legally responsible for damages in a subsequent lawsuit.
As part of a police officers investigation into a car accident, he or she may issue one or more traffic citations.
A traffic citation is a notice issued by a law enforcement officer that accuses a driver of violating a traffic law such as exceeding the speed limit or making an unlawful turn. It may indicate that a penalty such as a fine or deduction of points has been or will be assessed against the driver.
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Work With Your Insurance Company
In the event the other driver disputes fault in the car accident, your insurance company will conduct a liability investigation. Submit your claim along with the evidence that you have collected immediately after the accident happens. The information that you provide may help to back up your claim that the other driver was at fault. It can also protect from liability if you are being accused of causing the accident.
The Pros And Cons Of Each Method
There are a few different methods that insurance companies use to determine fault in an accident. Each has its own pros and cons, so its important to understand how each works before you make a claim.The most common method is the fault determination rules or tort rules. These rules are set by each state and they vary slightly, but the general idea is that the person who caused the accident is responsible for the damages. This means that if you were hit by another driver who ran a red light, that driver would be at fault.The main pro of this system is that its usually pretty easy to determine who was at fault. The con is that it can sometimes be unfair, especially if the person who caused the accident didnt mean to do it. For example, if you get rear-ended by another driver, its not always clear who was at fault. Was the other driver following too closely? Or were you stopped too suddenly? The tort system can also be hard on people who cause accidents but dont have much money to pay for damages.Another method insurance companies use to determine fault is called no-fault or personal injury protection . This system is used in some states and it means that each persons insurance company pays for their own damages, no matter who caused the accident.
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Our Car Accident Attorneys Are Ready To Help You
Automobile accidents are traumatizing. Simply recovering from the experience and your injuries can require all of your efforts. Managing the insurance and legal process is overwhelming it is a lot of work and can be difficult to know what to do and when to do it. The car accident attorneys at Evans & Herlihy have a reputation for providing high-quality, responsive service. We understand the stress you are under and are prepared to manage your case from beginning to end.
When you work with us, you can rest assured that we will perform a complete investigation, negotiate aggressively with the insurance company, and represent you in court should litigation become necessary. Our singular goal is to get you the settlement you need and deserve, one that compensates for all of your losses.
If you or someone you love is the victim of an accident, contact the car accident attorneys at Evans & Herlihy at 732-2727 today.
How Do Police Determine Fault
Once an accident happens, you should always call the police. Your insurance company will want an official police report. Some people find that the other driver is attempting to make a deal to not call the police. The truth is that you dont know the other drivers background or whether they will abide by their word.
The insurance company will ask for police report information as their adjusters will read about the initial investigation. So, how do the police determine fault? How do they determine if there should be a ticket issued?
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How To Get A Copy Of A Police Report
If you need a copy of a police report, there are a few ways to go about getting one. Depending on the jurisdiction, you may be able to request a copy in person, by mail, or online. In some cases, you may need to provide identifying information, such as the case number or the names of the parties involved. There is usually a small fee for obtaining a police report. Once you have submitted your request, it can take a few days to process. If you need the report urgently, you may be able to get expedited service for an additional fee. With just a little bit of effort, you can obtain the document you need.
Types Of State Liability Laws
States have different ways of assigning liability for car accidents. Many states, such as Florida, operate under a comparative fault system. Each driver receives a share of the fault based on the degree to which the insurance company investigators believe they contributed to the crash.
If a driver cuts another vehicle off and immediately hits the brakes, causing the other vehicle to rear-end them, the first driver might receive 80% of the blame, and the driver who rear-ended them might bear the other 20% for following too closely. In a comparative negligence state, each driver can go after the other for compensation but may only collect the percentage of their total losses that equals the other drivers liability share.
Modified comparative negligence states differ. The laws in those states operate like ones in pure comparative negligence states but disqualify drivers from pursuing compensation if their share of liability tops a certain percentage, usually 50 or 51%.
The third type of state liability law involves contributory negligence. Under this system, any degree of liability renders a driver ineligible to pursue compensation from other parties.
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Can Fault In A Car Accident Be Determined By The Location Of The Damage
Home » Legal FAQs » Can Fault in a Car Accident Be Determined By the Location of the Damage?
In many cases, yes, fault can be established by where the vehicles have sustained damage after an accident. In cases of T-bone accidents, where one car ran a stoplight and hit another in the middle, its clear from the impact that the one who should have been stopped is at fault. Its also relatively simple to determine fault if the back bumper of one vehicle is damaged by another when the first driver was sitting at a stoplight or stop sign and was rear-ended.
Being involved in a car accident, whether you are at fault or not, is a stressful and overwhelming event that can result in a long to-do list in the months, or even years, after the accident itself occurs. Car accidents become even more of a headache when there is a dispute about who was at fault, and whether both or all parties share some blame. A qualified lawyer at Pacific West Injury Law can help you prove liability after your accident.