(Newswire.net — August 1, 2022) — Every state has its own set of laws and regulations that inform the courts and insurance agencies as to who is at fault in a car accident; it’s complicated. While every situation is different, knowing the basics will help you to work better with attorneys and insurance companies.
You will likely be found at fault if you fail to stop before hitting a car. The classic example of fault is when a driver rear-ends another driver. You must keep a proper distance in every state to break in time.
Insurance companies are not in the business of paying out claims; they’re in the business of making profits for shareholders. It would be best if you considered an attorney who will take your side when you have been in an accident.
What to Do in Case of An Accident
If you are presumed to be at fault, you will need to defend yourself. On the other hand, if you are not at fault, you will need to keep that assumption between all parties. In both cases, contacting a Smyrna car accident lawyer is a good move.
Seek Medical Attention
If you are injured, see a doctor immediately and get a full examination. If you are severely injured, make it clear you want the records of your hospitalization. In both cases, document all your injuries.
Report the Accident to the Police
The police must collect information to determine who is at fault – let them do their job. If you can, you want to gather evidence on the scene and be polite to emergency personnel. Take photos of the surrounding area, and vehicles involved (damage), and ask the police for a case number.
In many jurisdictions, police will not respond to “fender benders.” In that case, you will still want to collect as much evidence as possible. Often the others involved will want you to make admissions of fault. Just exchange insurance information and be reluctant to offer any more information. Never admit to any fault in the accident.
Things to remember after an accident:
- Make no admissions of liability
- Cooperate with first responders
- If injured, accept or seek medical care
- Take pictures
- Contact a car accident lawyer
The Demanding Complexities of Fault
Law enforcement follows set-in-place protocols established by regulations. At the scene of an accident, they will measure and mark skid marks, points of impact, and interview witnesses. Most importantly, officers will collect photographic evidence.
The drivers will be asked about the events that led to the accident, and law enforcement will compare and contrast the drivers’ stories. Their accident report will make a preliminary determination of fault.
Beware of Speaking With Insurance
Often insurance companies will take the accident report at face value. That is if the report favors their interests. Remember, your insurance company wants to minimize any payout or outright deny the claim.
Fortunately for many drivers, a determination of fault is not set in stone. Any accident report can be contested in court or in arbitration. Insurance companies employ or contract with an accident reconstructionist to determine liability. Attorneys will have their go-to experts.
No-Fault Insurance States
Then there are no-fault states. In these states, insurance policies payout on medical expenses of the insured, including passengers. When a policyholder is responsible for an accident, liability coverage pays out for damages to the other driver. At the same time, drivers carry liability coverage for damage and medical expenses the policyholder causes.
Placing liability and fault on one driver is rare. Often, splitting responsibility into varying percentages is the norm. When evidence is lacking and there are no witnesses, a 50/50 split of fault is likely.
Car Accident Attorneys
Once the shock wears off and reality sets in, you will know you need a lawyer. Determining fault in an accident is not left to one individual or agency. Having someone in your corner means the best possible outcome. You have rights under the law no matter who is at fault – call a car accident lawyer.