Can Damages Determine Fault In A Car Crash?

When a car accident happens, in many cases, it is caused by the neglect of a driver. In most cases, the result is unintentional but it is still because of someone lack to act as a safe driver behind the wheel. It is sometimes hard to determine who really was at fault in a car accident. When a case goes to court, they judge and jury will need to look closely at all the evidence to determine who should get the blame.

Some forms of evidence may include:

• Evidence that the courts will normally use includes:
• Eye witness testimony
• Physical evidence
• Police reports
• Traffic cameras
• Traffic laws enforced in the area that the accident occurs
• Hospital documentation
• Insurance claims

When a claim is filed, all evidence is submitted with the claim and all evidence is analyzed closely for all details that could give light on what really happened.

What if the Victim is Partially at Fault?

The individual who received the most injury is sometimes also the one who caused the accident. Let’s say that both cars run through a stop sign instead of stopping and they collide. It will be very difficult to determine which one should actually pay for all the damages done.

In this particular case, the courts may determine that the only way to solve the case is to hire Personal Injury Lawyer in Kitchener who will then compare the notes and all evidence, and sometimes re-enact the scene in order to give them a clear understanding of what happened. If the victim is the one that is at fault, then they will receive less for damages.

Laws will vary from state to state and this can make it very complicated, especially if one of the victims in the accident is out of state. The expert witnesses that can be verified as legitimate will be the determining factor in a court hearing because the witnesses cannot lie under oath and the credibility will be verified prior to the hearing.

If you have been involved in an accident, the first thing you want to do is to get help. Have someone at the scene take pictures of the scene entirely from front to back and all around. You will also want to have someone write down the names and phone numbers of all witnesses at the scene so that your lawyer can call them later on to talk to them and hear their side of the story and what happened. Things don’t have to be complicated if you are prepared at all times. Keep a notebook and pen handy in the glove box to document names and numbers of everyone who witnessed the scene. You will also want to carry a disposable camera in your glove box as well. Don’t forget to stock up on your first aid supplies and always carry a first aid kit with you too.