Posted in Insights
Drivers often leave an accident scene believing they know who caused the crash. The final determination of fault, however, may require more than the drivers’ initial impressions.
In this article, the team at Isaacson, Schiowitz & Korson, LLP discusses the evidence commonly considered when responsibility for a collision is disputed. A car accident lawyer can investigate the evidence surrounding a collision, determine how fault may be established, and help protect your rights when liability is disputed.
Fault Usually Begins With the Rules of the Road
Drivers are generally expected to operate their vehicles with reasonable care and follow applicable traffic laws. Fault may be connected to conduct such as:
- Following too closely
- Failing to yield
- Running a traffic signal
- Making an unsafe lane change
- Driving too fast for the conditions
- Using a phone or becoming otherwise distracted
- Failing to keep a proper lookout
- Driving while impaired or excessively fatigued
A traffic violation can be significant evidence, but it may not answer every question. The surrounding circumstances still matter.
Police Reports Can Provide Useful Information
A police report may identify the drivers, vehicles, passengers, witnesses, road conditions, and location of visible damage. It may also contain a diagram or record whether a citation was issued.
The report is one part of the evidence. An officer may not have witnessed the collision, and some statements may be based on what others reported at the scene. Errors and omissions can also occur.
Vehicle Damage Can Help Explain the Impact
The location and direction of vehicle damage may help show how the collision occurred. Front-end, rear-end, and side-impact damage may be compared with the drivers’ descriptions and the physical layout of the roadway.
Damage alone does not always establish fault. Vehicles can rotate, move after impact, or experience more than one contact. Photographs showing the entire vehicle and the broader scene are often more informative than a single close-up.
Witnesses May Provide an Independent Account
A witness who had a clear view may describe the traffic signal, the vehicles’ movements, or what happened immediately before impact.
Investigators should consider where the witness was located, whether anything obstructed the view, and how much of the event the witness actually observed. A witness who saw only the aftermath may still provide useful information, but may not know what caused the crash.
Electronic and Physical Evidence May Matter
Depending on the circumstances, other evidence might include:
- Dashboard-camera footage
- Surveillance video
- Photographs or videos taken at the scene
- Vehicle event data
- Cellphone records, when legally obtainable and relevant
- Skid marks or debris
- Traffic-signal information
- Repair estimates and inspection reports
Some evidence can be overwritten or lost quickly. For example, a nearby business may retain surveillance footage for only a limited period.
Insurance Companies Conduct Their Own Reviews
An insurance adjuster may review statements, photographs, police reports, traffic laws, and damage patterns before reaching a decision. Different insurers may initially reach different conclusions.
An insurer’s determination is not necessarily the final legal answer. If the dispute continues, fault may ultimately be evaluated through negotiation, arbitration, or court proceedings, depending on the claim and jurisdiction.
More Than One Person May Be Responsible
Some collisions result from the actions of multiple people. One driver may make an unsafe turn while another is speeding or distracted.
States use different rules for allocating responsibility and determining how shared fault affects a claim. This makes it important to avoid assuming that one questionable action automatically ends the analysis.
Be Informed
Determining fault requires a careful examination of conduct, traffic rules, physical evidence, and witness accounts. The most useful approach is to preserve information promptly and allow the evidence to be evaluated together. A confident accusation at the scene is less valuable than photographs, reliable witnesses, official records, and a consistent description of what actually occurred.