In most cases, the first question after a motor vehicle accident is: who was at fault? The answer to this question that is going to have the most climactic impact on all the parties that are involved and most importantly will decide which party’s insurance is going to be responsible for cover the repairs as well as damages incurred by the innocent party. In addition, the party at fault may even be subjected to fines or perhaps, criminal liability.
Being able to provide evidence to an insurance company or even to the court and establish liability in your case is important. There are a number of ways in which you can prove fault in car crashes.
Know The Traffic Laws
Do note that the traffic laws differ from state to state. The Department of Motor Vehicles has a book that details all the basic traffic rules. In addition, state government sites and the court websites also provide links and references where you can get this information. Some of the public libraries as well as law libraries have these state statutes regarding all the traffic laws. Next are the model jury instructions that are present for the courthouse which is in your jurisdiction. This refers to the basic laws that are recited before the jury decides to rule in favor of one party in any motor vehicle accident case. In addition, there can be specific rules that will impact your situation.
This means that there may be certain laws pertaining to left-turn car accidents. Mostly, the party that was turning is found to be guilty in most jurisdictions as compared to the party which was heading straight. However, some of this blame can shift in case the party that was driving straight had run a red light or if it was speeding beyond the permissible limits.
Police go to the accident scene in case of an injury. In such cases, a police report or an incident report is made by the police. In some reports, there can be an opinion by the police officer about who was at fault. There can be an objective evidence mentioned along with an analysis of that evidence.
This can include things like one of the parties speeding as indicated by the length of the skid-marks that were found on the road. The police report can also indicate if either party has been cited for the accident as they had violated a traffic law. Any drugs or alcohol involved will also be mentioned in the police report. Hence all this provides proof of who is to be blamed for the accident.
You can enquire with the traffic division of that police department which had responded to the accident scene in order to get a copy of that report. Do note that even if the police department had not responded to the accident scene initially, they may later conduct an investigation to find the cause of the accident. You may use this information in order to determine who was at fault.
Examining The Evidence
You may be able to find many objective pieces of evidence at the scene of the accident. Hence you do not have to go by the parties’ personal recollections only. One of these sources of evidence will be the damage done to the vehicle. This information should be recorded before the vehicles get repaired. You may take pictures at the scene of the accident if you possibly can.
Do note the exact location of the vehicle damage as that can reveal a lot. A front-end damage to one vehicle along with back-end damage to the other can help to establish that the accident was basically a rear-end collision.
In the same way, a front-end damage to one car along with front-end damage on the right-side of the other car will indicate a left-turn accident. You can make use of towing records along with any records from the repair shop in order to substantiate the areas where they were damaged.
Do check for any witnesses at the scene of the accident. Ask them to write down their own description of the accident. Get their contact information. This will give you a more objective observation about the incident.
Contact Texas Auto Accident Attorney at The Law Office of T. Christopher Lewis
It is always wise to consult with an attorney after a Texas auto accident. The Law Office of T. Christopher Lewis is happy to provide a free consultation and get you started on the path towards collecting the damages owed to you for your injuries and losses.