How Is Fault Determined in a Car Accident?

Police, insurance companies, and even judges weigh numerous factors to determine who is at fault for an accident. The vehicle’s location, damage, witness statements, and video footage are some examples of evidence from the accident scene that could provide insight into who is at fault. Gathering evidence to prove fault is not always easy, especially when people disagree about what happened. Speak with a reputable Lexington car wreck lawyer about your case today in a free case review.

Using Damage from the Scene

One of the ways police can determine fault in a car accident is by looking at the damage at the scene of the accident. The location of each vehicle, the amount of damage to each, and any debris on the roadway can contribute to this decision. Consider some examples.

• T-bone accident: A T-bone accident typically provides clear evidence of fault. A vehicle is hit broadside, often at an intersection. If evidence shows that the vehicle had the right of way, the second vehicle could be at fault.
• Rear-end accidents: It is possible for either driver to be at fault in a rear-end accident. However, it is more common for the driver in the rear to be the most likely party at fault because they failed to control the vehicle. However, witnesses may say the driver in front stopped suddenly and without reason, making them more at fault.

Every detail in these accidents gives police insight into what occurred. With experience and a knowledge of physics, it is often possible to piece together what occurred.

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Proving a Driver Was Speeding

Speeding is a common factor in car accidents, but proving a driver was operating at an unsafe speed is not simple. Video from various sources could help. However, that is rarely available. Accident reconstruction may help show that one driver was operating at a higher rate of speed.

Driver with the Most Damage

It is a misconception that the driver with the most damage caused the accident. The extent of the damage depends on various factors. Police and investigators will look at the size, weight, and design of the vehicle to determine if there are clues.

A smaller car with significant damage from a larger car could be the vehicle at fault or not. New cars also have improved designs that absorb more of the impact of the crash at the bumper, making them look far less intense.

Accident Reconstruction Work

In complex and serious cases, insurance companies will use an accident reconstructionist to gather evidence and piece together what occurred. They examine that evidence and then offer an opinion based on damage location, the significance of the damage, whether someone failed to brake, or if, potentially, distraction was involved. Because Kentucky is a choice no-fault state, it is possible that this type of work is not necessary if damage is minor.

They Can Get It Wrong

Even in these situations, it is possible that the insurance company, or even the police, may get the fault determination wrong. By working with a Lexington injury attorney at Gary C Johnson, P.S.C., you gain access to resources and tools that may help you prove those errors and pursue a claim.