How Do You Know Who’s Responsible for an Accident?

When a crash occurs on the road, there is usually someone or something to blame. As noted on -, speeding, operating an unroadworthy vehicle, driving while drunk, icy roads, poor visibility and distracted driving are usually to blame for most crashes. Whether you live in a fault state or a no-fault insurance jurisdiction, the incident must be investigated thoroughly by the police, as well as auto insurers, to determine the cause of the crash and where the fault lies. In a no-fault insurance state, the verdict on who was at fault will matter a great deal because the auto insurers will have to make a payout to their policyholders as defined in their policy. The issue of fault will only come up if one of the drivers decides to go to court.

In some states, the laws of comparative fault are normally used. This is where each party is deemed to be at fault. The plaintiff can only get a settlement if their fault is deemed to be less than 50%. If their fault is deemed to be 50% or higher, they will not get a single dime. That said, finding out who is at fault is the most important aspect of any accident investigation.

Police Accident Report

When an accident occurs, the police will obviously be brought in together with other emergency service providers (-). The police will record witness testimonials, take pictures and investigate the cause of the accident properly. After that, they will make a report on the cause of the accident and state who was likely responsible. This is a strong piece of evidence when trying to prove fault. If an officer was at the scene of the accident and witnessed the incident, they can be called in to testify during the case.

Admission of Guilt

Nothing beats a confession when it comes to determining who was responsible for the accident. If the other driver came over to your car to check on you and made an admission that they were on their phone or that they were checking on their child it the back seat. This is an admission that they were responsible for the accident due to distracted driving. If there are witnesses who hear the admission, be sure to take their contacts just in case the driver changes their story soon afterwards. After all, policy holders are always told never to admit guilt.

Prior Traffic Offenses

If the other driver has recently been cited for speeding, driving while intoxicated, driving while texting or making a phone call, or any other type of traffic offense, their record can convince the court or their insurer that they are likely responsible for the accident. That is why it is important to maintain a clean driving record.

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