In 2018 alone, The National Highway Traffic Safety Administration (NHTSA) reported 6.7 million car crashes nationwide. These collisions caused 36,000 deaths and the injury of 2.7 million people. In short, our roads’ safety is questionable, and you can never be sure when you will need the services of a personal injury lawyer in Los Angeles, CA. If you are involved in a collision, one of the essential things to determine before filing a claim is who’s at fault. A skilled attorney will provide the much-needed legal representation when determining fault. A skilled attorney can help clear out the gray areas and ensure you are not left holding the short end of the stick.
The complexities of deciding who’s to blame are highly subjective. In this blog, we will explore some of the methods used to assign fault following a vehicle collision.
Let’s get started!
1. The Drivers Decide
It is normal to feel intimidated and shaken up right after a collision. At this moment, a driver may make incriminating statements such as ‘I saw the bump when it was too late.’ Such an admission can be helpful when determining fault.
Settling a personal injury claim can be an expensive affair for the at-fault party. Consequently, even a driver who just admitted fault may quickly realize the mistake and start pointing fingers. There are a few steps you could take to ensure things ultimately work in your favor, even after all the commotion and confusion at the collision scene.
They include:
- Note down the license plate of the other driver
- Request to take pictures of the insurance ID card of the other driver
- Take photos of the collision scene before you move the cars
- Note down the names and phone numbers of witnesses
2. The Police Decide
The police are always quick to arrive at a car collision scene. The first thing they do is to check for injured persons and ensure they receive immediate medical attention. Next is to inspect the scene and study the damages of the vehicles involved. The cars’ position, the location of dents and scratches on their paintwork, and the marks on the road could help determine who is at fault.
The police have a duty to create a detailed report about a collision. However, it is best to understand that while this report’s information is crucial, it is merely based on a police officer's professional judgment. It cannot be used to determine fault, although insurance companies will refer to it before making a settlement.
You can also expect the police to interview the involved drivers to determine the actual cause of an accident. The interrogations may help them establish whether one of the drivers was in violation of traffic rules and was using a cell phone, driving under the influence, or speeding. The police report may also contain testimonies from witnesses and other pieces of evidence that could be used in court.
Sometimes, an accident’s location makes it impossible for the police to arrive at the scene promptly. In this case, it is always best to head to the nearest police station and report the incident. The filed report can be helpful if you opt to move to court to make a personal injury claim.
3. The Vehicle Insurance Decides
The majority of auto insurance companies make it easy for their clients to file claims and receive compensation. However, there are variables insurers must consider to determine whether a specific claim is valid or not. The experts will conduct independent investigations before deciding the best course of action.
Insurance companies have adjusters who are responsible for carrying out investigations before a settlement. They interview witnesses, study medical reports, examine the police report and also assess vehicle damages. Insurance adjusters also check the details of the insurance policies of both drivers and note their coverage amounts.
Like police officers, adjusters will also give their professional opinion on who’s at fault. Depending on the evidence gathered during investigations, they may even assign specific percentages of responsibility to each driver.
4. The Courts Decide
The court is often the ultimate assigner of fault, and the decision of the jury is final. Fortunately, most personal injury claims involving car crashes are settled during negotiations. If your case proceeds to court, the judge or a jury will decide who’s to blame based on the available evidence and the arguments from the involved parties’ lawyers.
Only about 2% of claims are settled in court. These are often cases that involve a fortune in damages or medical expenses. Insurers often choose to find a middle ground during negotiations to dodge the expensive and time-consuming process of going to court.
Whether a case is settled in or outside a courtroom, one of the crucial aspects considered is “contributory negligence.” If you are found to bear 1% of the fault, the other party will only settle for 99% of the damages caused by the accident.
The laws revolving around personal injury claims are complex and confusing. It is best to work with an attorney who can protect your rights and best interests, especially when determining fault after a car crash. The ideal expert can help you secure the compensation you deserve for damages.
How to Influence a Favorable Outcome When Determining Liability in a Car Accident
As aforementioned, assigning the at-fault party is highly subjective. The good news is that you can do much to ensure the insurance determines liability in your favor. Of course, these tips will only work if you are genuinely free of fault.
Reach Out To the Police
If a vehicle collision occurs in a secluded location where the police are not within proximity, it is in your best interest to immediately reach out to them. The police will create an official record of a collision, and your insurer is likely to review their report before settling a claim.
The police report is not the ultimate determiner of fault. However, it will provide accident-related information that can be useful in tipping the scales in your favor. Make sure you get your story straight and avoid providing any incriminating information.
Gather Your Evidence
This tip is a no-brainer. When the stakes are high, and you need settlement for property damages or medical expenses, you can only trust yourself. If a car crash doesn’t leave you badly injured, it is always best to collect your proof of what transpired. You could do things such as:
- Write down a detailed version of what happened.
- Take photos or videos of the scene using your phone
- Interrogate witnesses and note their contact details
- Note down the name, contact details, and insurance ID of the other driver
- Request the police for a copy of their accident report
Hire a Personal Injury Lawyer
You must not overlook the need to have a skilled personal injury attorney in your corner. Let the professional speak on your behalf and avoid talking to insurance adjusters unless in the presence of your attorney. After all, they work for insurance companies. They may use kind words and sound concerned about you, although their main aim is to gather info that could help your insurer pay the least amount in compensation.
With an attorney in your corner, you can expect the best possible outcome during negotiations. The expert will also provide invaluable services if your case has to proceed to court.
Can Location of Car Damage Determine Who’s At Fault?
One of the crucial pieces of evidence used to determine fault after a collision is the location of vehicle damages. Where the scratches and dents are situated can help the police and insurance to reconstruct the accident scene and determine what happened. Any marks on the paintwork or car’s body allow the professional to work back, unveil what transpired, and assign fault.
A car moving in a specific direction at a specific speed can only sustain certain kinds of damages during a collision. Experts examine both cars keenly to establish whether an accident was caused by a head-on collision, T-bone collision, or side-swipe, among other kinds of crashes.
Here are different types of collisions and the kind of damage expected:
Head-on Collision
If an accident involves a head-on collision, the involved vehicles should have front bumper damage. Often, only the front side of the cars will sustain severe damage. This type of collision is known to cause severe injuries, especially to the driver or passenger on the front seat.
Rear-end collision
With a rear-end collision, the damage is on the back bumper. In this case, the police and insurance are likely to assign fault to the other driver. The vehicle that hit you will show signs of damage on its front bumper.
T-bone collision
A T-bone collision or side-impact collision causes damage to the side of a car. Usually, the vehicle that hits you will have signs of front bumper damage.
Sideswipe
If the two cars involved in an accident scrap together, they will both show signs of damage on their sides. This is known as a sideswipe solution, and other pieces of evidence may be necessary to establish the at-fault driver.
Rollover
A rollover can leave a vehicle damaged in different locations. Depending on the unique circumstances of a collision, a car could sustain front, rear and side damages. Again, the police and insurance companies may need to use other forms of proof to assign fault.
Other Information That Can Be Used To Determine Fault
The location of the damage on your vehicle can assist the authorities and insurers to put one and two together and determine what caused a collision. However, other forms of evidence may be necessary to decide who’s at fault beyond a reasonable doubt.
Here are other forms of information that can be useful in determining the at-fault part following a car crash:
Road Marks and Debris
One of the first things experts examine is the skid marks. They can provide important clues, including the speed at which a specific car was moving. Additionally, professionals will also check road debris littered around an accident scene. Just like skid marks, they could help to establish what caused an accident.
Witness Testimonies
It is common for the involved drivers to point fingers and claim the other is at fault. Sometimes, establishing who’s to blame takes seeking views of a third party. Anyone within proximity to a scene may have vital information to share. For instance, a bystander may have seen one of the cars overspeeding before losing control.
Medical Records
Your injuries can help show the points of impact. For instance, if you suffer whiplash, the other driver likely hit you from behind. On the other hand, a fractured right arm may prove that you were struck from the right side.
Cell Phone Records
Unfortunately, a considerable percentage of accidents are caused by distracted drivers. Cell phones are notorious for causing devastating numbers of road fatalities each year. Therefore, the authorities will check both drivers’ cell phone records to establish whether they were using their phones when driving.
Distracted driving is a grave traffic offense that attracts hefty penalties. This crime demonstrates negligent conduct and makes a driver liable for the damages and injuries suffered because of an accident.
Even after establishing the type of collision that caused an accident and gathering additional evidence, determining the at-fault party may still be a tricky affair. This is why you need a competent accident attorney to represent you. The expert will review your case and represent you during discussions or negotiations with your insurer.
When Does The Location of Car Damage Prove Fault?
In some instances, the location of car damage can prove who the at-fault party is beyond a reasonable doubt. For example, the other driver is at fault if your car suffers rear-end damage. This shows that he/she failed to leave an adequate stopping distance between the vehicles, causing the crash.
When Can’t The Location Of Car Damage Prove Fault?
In other instances, additional pieces of evidence may be necessary to determine who’s at fault. This is because experts cannot reconstruct an accident scene by merely studying a car’s points of impact. For instance, it can be challenging to establish who is to blame in a sideswipe collision. This is more so if both vehicles sustain nearly identical damages.
In such a case, the evidence on the car cannot provide definitive answers. More proof is necessary to decide who’s to blame, and the experts may have to interview witnesses or examine road debris and skid marks.
Understanding How Liability and Compensation Is Determined
Whether the insurance companies or the courts determine a claim, certain key aspects must be evaluated to establish who’s to blame. Sometimes, the evidence of a case makes it crucial to assign negligence degrees to both drivers. Liability ratios are commonly expressed in percentages, and they indicate how responsible each driver is for causing an accident.
Let’s have a look at the different types of negligence and their impact on a claim.
Contributory Negligence
Contributory negligence may reduce the amount of compensation you receive or even make you ineligible for a settlement. It refers to your failure to ensure your safety by exercising reasonable care. In short, your degree of contributory negligence indicates how your actions and faults increased the odds of the car crash occurring.
Comparative Negligence
Comparative negligence laws allow the involved parties to share fault. This means you cannot receive full compensation, and your insurer will consider your percentage of liability. There are two ways through which insurers can adjust payment. They include
- The pure approach
- The modified approach
The pure comparative negligence method allows insurers to award full compensation minus a driver’s percentage of fault. For instance, if you are assigned 20% fault, and the damages suffered sum up to $20,000, you will only receive 80% compensation ($16,000).
The modified comparative negligence method is more complicated. It makes you ineligible for a claim if your percentage of fault is more than 51%.
Irrespective of the level of damage suffered, it is in your best interests to seek the expertise of a competent personal injury attorney. Insurers will do all it takes to award you the least possible amount, not to mention that the other party may also have an attorney working to blame you for the accident. A seasoned attorney can protect your rights and ensure you receive fair compensation for damages suffered because of the other driver’s fault.
Find an LA Personal Injury Law Firm Near Me
Most cases involving car crashes are resolved outside the courtroom. This means that insurance companies are often tasked with determining who’s at fault following a collision. Even so, you may find it necessary to seek additional assistance. A skilled personal injury attorney in Los Angeles, CA, can help protect your rights, fight for your innocence and ensure you receive a fair settlement. If you need reliable legal representation, turn to The LA Personal Injury Law Firm. Our skilled attorneys will deal with the police and insurance companies as you focus on recovering from physical and psychological injuries caused by an accident. You don’t have to deal with everything alone. Call us at 310-935-0089 and let us help you achieve a positive outcome.
