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How Is Fault Determined in a Car Crash?

On Behalf of The Foley Law Firm | June 22, 2022
How is fault determined in a car crash?

Fault is a big part of any car accident claim. It helps determine liability for the accident, which, in turn, affects the amount of compensation one can claim. Generally, the more you are to blame for a crash and your own injuries, the less you can recover.

Deciding who is at fault is sometimes a complicated affair, especially when the drivers involved have different accounts of what transpired. In such cases, any evidence related to the crash is crucial.

How is fault for a wreck determined?

Establishing which driver was at fault can be done in several ways. One of them is through statements from eyewitnesses or video footage from nearby CCTV cameras that can help paint the picture of the accident.

Alternatively, accident reconstruction experts can use photos or other evidence from the scene such as skid marks, damage to the vehicles involved or debris to recreate the crash and determine the circumstances that led to it.

Insurance adjusters may try getting details of the accident from you shortly after the crash, and you should be careful with the information you divulge. Even if you think you were to blame, wholly or partially, do not make statements to that effect - they could be used against you in settlement negotiations.

Protect your rights after a crash

If another driver’s negligence led to the accident, you ought to hold them accountable for their actions and get compensated for the losses and injuries you sustained.

The steps you take following the crash are crucial, and they could determine how smooth the claims process will be for you. Experienced legal assistance can help you get fair compensation for your losses.

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