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Can Fault Be Determined By Car Accident Damage?

When someone crashes into your vehicle, the sheer fact that you’re involved in an accident is typically enough to handle. If you happen to get injured in the accident and the other driver simply refuses to admit fault, it can be even worse. While most people would not lie to police about causing an accident, many others won’t hesitate to simply deny responsibility if they can shield themselves from being held responsible for your injury and any damage to your vehicle. Of course, drivers may truly believe that they were not at fault for the accident. But it is also important to remember that many drivers will simply be dishonest because there is a lot at stake.

For instance, the repercussions of being at fault for an accident can involve big financial losses and penalties in addition to extremely high insurance premiums. For this reason, you should understand what to do in case you must prove fault in a car accident. Understand that if fault cannot be established after an accident, you will have to pay your collision deductible before you can have your vehicle either repaired or replaced. It can be extremely frustrating when you are sure you didn’t cause the accident but are still required to fight to have your insurance company pay out on your claim.

Additionally, if your insurance company decides to pay your liability claim anyway, it can have a negative impact on your safe driver rating for years.

The point of impact and the damage to the cars involved in an accident says a lot about how a car accident might have occurred. By looking at where the damage is on the automobile, you can work backward to determine how the accident may have happened. For two large objects to collide, there must be forces at work. If your car travels in a specific direction at a particular speed, it’s likely to cause a certain type of damage on impact with another car. By examining both cars, you can start to narrow down what must have happened to cause your accident. In some cases, the damage tells the entire story. When looking at the damage to your car, it’s possible that there’s only one way that it could have occurred. If that’s the case, all you need to do is help the jury connect those dots. In other cases, the vehicle damage can help you rule out ways that the accident could not have occurred.

In those cases, the damage might not definitively answer the question of fault, but it can be a good starting point to narrow down the possible chain of events. There are times when damage can go a long way in proving fault in a car accident. For instance, if you are rear-ended, the back of your car will obviously sustain damage and the car behind you will have damage to the front of their vehicle. In most car accidents, the car in the back is at fault. Because the vehicle behind you failed to comply with traffic regulations by not leaving enough stopping distance between their car and your car, they will usually be found to be at fault. In other accidents, the damage alone may not tell the entire story. For example, if you have damage to your right passenger side and the other driver has damage to their front end, the damage alone may not definitively answer the question of fault. Most likely, the damage occurred when they hit you as you tried to turn right.

Always Preserve Evidence from Accident Scene

Oftentimes, you won’t even be aware that the other driver lied about the cause of the accident until you take a look at the official police report. At the scene of the accident, all you get is usually an accident report. An accident report will not be as detailed and thorough as an official police report. Remember, will give each party an opportunity to tell their version of the events that led up to the accident. Make sure you take that opportunity and explain your version of the events to the police officer. If you wait until several days after the accident, it will be too late. If you are able to, take photos of the accident scene as soon as you can. The reason is that the accident scene is still fresh. The weather and lighting conditions will be as close as possible to the conditions present at the time of the accident. The photos you take can be extremely valuable later on. Just make sure you’re able to take photos before the other driver moves their car. We recommend that you take photos of the points of contact between the cars and at least one picture showing both cars.

Speak with a Personal Injury Attorney

If you or a loved one were involved in a car accident involving with another driver, contact the accident injury attorneys at Suarez & Montero and ask about receiving a free consultation so that we can see how we can help you with your personal injury claim. Our skilled injury lawyers have the experience necessary to handle all aspects of your personal injury claim and can help you secure the compensation that you deserve. Our attorneys routinely leverage their considerable experience into obtaining significant settlements from insurance companies who are known for being reluctant to pay out on claims. Additionally, our firm genuinely cares about our clients. When you come to us for assistance with any legal matter, we provide the utmost personal attention to make sure that we achieve the best possible outcome.