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How Does the Court Determine Fault in a Car Accident?

Car accidents happen to the best of us, whether it’s your fault or not, though a lot of the time it’s pretty easy to see who’s fault it is- the person who follows too close and rear ends you or the driver that runs a red light and hits you. However, sometimes there are situations where it may be harder to determine who’s fault it is. In any case, hiring a car accident attorney to help is always a good idea. When the cause of the accident is a bit unclear, how does the court determine who to blame?

The first thing to note is that normally, the court doesn’t really have anything to do with determining fault. However, if even your attorney and insurance company can’t figure out who is at fault, you can take it to court and let the jury decide. There are a few steps these insurance companies will take when trying to determine who is at fault before resorting to a jury decision.

Police Reports

As mentioned before, police reports are the first thing people go to when checking to see who was at fault. Police who first arrive at the scene get statements from both drivers and witnesses, and examine the damage. They will then determine who they think is at fault and put it on the report. This is what insurance companies and courts use as proof for fault disputes. You can see why when a police report isn’t filled out, it can be hard to determine who’s fault it is. This is why your car accident attorney will always tell you to call the police if you are in an accident, no matter how small. If no one is issued a ticket at the accident scene or no police report was made, the insurance companies will conduct an investigation.

Talk with Experts

When a police report isn’t completed, insurance companies are responsible for determining who is at fault. This can be a pretty tricky task without statements from drivers or witnesses. This is when insurance companies hire experts for help. Often times, these experts that are hired have a pretty extensive background in science and engineering along with law enforcement. They will recreate the accident to see who caused the accident. Though this can be an effective way to figure out who is at fault, it can be a long and expensive process. Your car accident attorney and insurance company are going to want to avoid this option if possible.

Last Resort

If both drivers are adamant that they did not cause the accident and there is no evidence to hold either person responsible, your insurance company will take it to court. At court, the jury will decide who is at fault and who is going to need to pay up. Again, your car accident attorney isn’t going to want to have to go to this step, but will if it is necessary to prove your innocence.

If you have been involved in a car accident where the fault is unclear, contact a car accident attorney here at Robert J. DeBry and Associates today.



By |2018-12-19T04:50:53-07:00December 19th, 2018|Uncategorized|Comments Off on How Does the Court Determine Fault in a Car Accident?

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