2 Ways To Determine The At-Fault Party In An Auto Accident

16 March 2022
 Categories: Law, Blog


Determining fault is one of the biggest hurdles when it comes to car accident claims. However, it is an important exercise as it helps identify the wrongdoer, ensuring that they face judgment for their recklessness. Usually, the at-fault party has to cater to other victims' medical expenses and property damage. 

With that in mind, you can use different strategies to prove the other driver's fault. One of them is by using the report the police write after investigating the accident. This article looks at the role of a police report in determining fault and other avenues you can explore if this doesn't work. 

How the Police Report Can Help You Determine Fault

Typically, the police conduct a comprehensive investigation at an accident scene. This includes examining the area where the accident happened and all the vehicles involved in the collision. They look out for skid marks and note each vehicle's position. Police investigators also interrogate all the parties involved as well as the onlookers. After that, they write a report, giving their opinion of how the accident happened and who they think is the main culprit.

As you can see, the police report is essential in clearing your name from the list of guilty parties. That is why it is crucial to contact the authorities immediately after you encounter a road accident. Do not agree to settle the case without police intervention, no matter how small the incident is. The other party can ensnare you with this trick, only to use it against you later.

How You Can Determine Fault without a Police Report

You can still determine the wrongdoer even if you don't access the police report. Start by noting down what the other parties and witnesses say about the accident. Then, take pictures, record videos, and get the contact details of the onlookers. Obtaining the contact details enables you to communicate with the witnesses whenever you need additional information. 

Apart from the information you gather at the accident scene, you also require evidence showing the injuries you sustained in the collision. In this case, you can take pictures of visible injuries. You can also use medical reports that show the medical services you received after the accident. This evidence demonstrates that the other party was indeed negligent in their actions. 

At-fault laws vary from state to state. Therefore, it is advisable to seek legal knowledge from a car accident attorney before proceeding with the claim. They will also help you know your legal options and guide you on the evidence to gather to link the accident to the other driver's negligence. 

For more information, contact an accident lawyer, such as Todd East Attorney at Law.