Who is at Fault During an Auto Collision?

Dealing with an auto collision can be a stressful period, especially for drivers who have never experienced an accident before. When an auto collision occurs, most people have one big question: whose fault was it? Here's how to find out.

If you or someone you know has been injured in an automobile accident, it's important to understand that accidents occur for a variety of reasons. Sometimes a driver might be distracted by their cell phone or passengers. Occasionally, a driver may struggle when they are in heavy traffic. Sometimes the weather can play a role in a collision. Determining who is at fault when an accident occurs is vital because it determines whose insurance will pay for the damages. If criminal charges due to neglect or other issues arise, it's also important to know which party was the cause of the accident. After an accident occurs, drivers involved in the incident may feel overwhelmed or anxious; however, there are a few things you need to know after a collision occurs.

Acquiring Proof

After an accident occurs, it's important that drivers involved gather documentation and evidence related to the accident. This is because when you notify your insurance company about the accident, they will assign a claims adjuster to your case. The claims adjuster will consider all of the presented evidence and will determine which driver essentially caused the accident. Because of this, it's vital that you take pictures of the accident before you move your vehicles. You should also take pictures of injuries and provide documentation such as the police report associated with the crash.

Filing Paperwork

While most adults want to move on from the car accident as quickly as possible, it's important that you follow proper protocol when you do so. For example, make sure you file a police report after the accident occurs. Ideally, you should notify the police while you are still at the accident site; however, you may report the accident later on if you are unable to contact the police for some reason. Note that most insurance companies do require you to submit a police report after an accident. In some cases, the responding police officer will provide the report directly to your insurance company.

No-Doubt Liability

In some cases, the other driver is always at fault. These accidents are called no-doubt liability cases because there is virtually no way to argue against them. In these cases, you may find that reaching an agreement with the other party's insurance company is simple. This agreement of compensation is called the settlement and your attorney can help you reach an agreement that you are comfortable with. Note that in cases where one driver runs a red light and hits someone else or where someone makes an illegal turn and causes an accident, the offending driver is almost always considered to be the at-fault party.

If you've been involved in a serious car accident that led to injury for you or one of your passengers, you may be entitled to compensation. Make sure you reach out to a personal injury attorney as soon as possible who can assist you with getting you the monetary compensation you deserve. While navigating the waters of insurance companies and paperwork trails can be tricky, your attorney can simplify the process and help you every step of the way.