Determining Fault by Location of Damage

November 8th, 2014 | by RON BELL

Determining Fault by Location of Damage

What if you or a loved one was struck by car in a T-Bone type of collision and in no way was it you or your loved ones fault. What if the at-fault driver’s insurance deny responsibility for the accident? Then what? Sometimes, the location in which your vehicle was hit can be used to help determine fault.

To give you an example as to how fault is determined by location of damage, lets say you were driving through a neighborhood while abiding the speed limit – then a car backs out of their driveway and broadsides you, smashing into your passenger side door. This shows that the driver didn’t see you and hit you and the evidence will prove that even if the other drivers insurance company is refuting the claim.

But what if you hit them? What if the other driver made it unavoidable to hit them? If they pulled out in front of you and you T-bone them, then the evidence available (unless there is video) is much more difficult to prove. This is where 9 times out of 10 the at-fault driver’s insurance company will deny fault.

When it comes to proving who is at fault and you have to fight the other drivers insurance company, you should contact an experienced car accident attorney and ask for a free consultation. In the free consultation, the attorney will ask you to explain what happened and they will then tell you how they can help you. If you should decide to work with an attorney, make sure you work with one that will only work on a contingency basis, meaning you don’t pay if you don’t win your case.

Evidence can only help your case. While not everyone has the presence of mind after a car accident to collect evidence, there are three things to always remember after a car accident.

1)     Get the names of witnesses.

2)     Take pictures before leaving the scene.

3)     Call the police.

If there were any witnesses at the scene of the accident, you should attempt to get their names and addresses and cell phone numbers. Sometimes, a car accident can be your word versus the other drivers word, so witnesses are a vital aspect of any car accident case.

These days with everyone’s cell phone being equipped with a camera, it is easier to take photos of the scene of the accident. The important thing to remember is to take as many photos from as many angles as possible.

When the police arrive on the scene, they can take measurements of skid marks, interview witnesses and officially document statements from the other driver. If you are in a neighborhood and there aren’t any witnesses, the next best thing is to have an officer on scene as quickly as possible.

Know that it can be difficult to prove who is a fault in some cases, but an experienced auto accident lawyer has resources available, such as investigators, who can help determine fault and can work with the police department and fight the insurance company to get the money you deserve.

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