1

Are You At Fault? | Determining the Faulty Party

  • News

In the aftermath of an accident, one of the most important aspects that needs to be addressed is determining the party that was at fault. It can be a strenuous task; however, that doesn’t mean it is impossible. The determination of the party at fault at the scene of an accident is the basis of determining which party or whose insurance company is going to pay for the damage or will compensate for personal injury and damage.

There are some of the general rules of thumb to get to know who was at fault when an accident occurred. Generally, the driver is subjected to the blame, but in case of two vehicles colliding, it can become a bit taxing). However, violation of law could be from anyone’s end and thus it is important not to go with generalizations.

Collect Evidences
It is important to collect evidence in your favor as much as you can. At times, even if you were not at fault when an accident occurred but the circumstances might make you look like the one at fault. Also, if someone had violated the law there should be some sound proof of them doing so. Always be prompt in collecting the evidence so as to hand it over to the concerned authorities. Someone coming from a wrong intersection, a driver cutting on several lanes or pulling away without any indicators are all general offenses. Sometimes, the faulty party admits their shortcoming and confesses, but many a times it becomes a struggle to get them to confess.

Involve Witnesses
It is essential to involve the witnesses of the accident and ask them to record the truth for the victim and to explain it in detail. Usually, it is the drivers in the rear who are in a better position to explain who is at fault in a motor vehicle accident. The witnesses could also be passersby who could contribute details such as who was speeding and who cut lines etc. insurance companies need a collection of evidences and statement of witnesses at the reporting of vehicle damage.

Determine the Position of Vehicle

It is important to determine the position of a vehicle when the accident occurs. Usually, the vehicle behind is held responsible for the blame of the accident (partial or full) but that isn’t always necessary. Similarly, a driver making a left turn is the one at fault at large if any accident occurs due to this. Additionally, the driver in front would be responsible if he slammed breaks without giving any indication to the vehicle behind, which would have resulted in a rear-end collision.

It is important to be aware of the common law. Avoid negligence and be aware of the rules which aren’t stated but are implied and generally practiced when it comes to traffic rules in a city/state. It is also essential to be aware of your surroundings since it’s not only important you’d be a victim or faulty party in an accident but you could also be needed as a witness for any occurring accident.