How Fault is Determined in a Car Accident Case
Getting into a car accident is a stressful process for all parties involved. Often one of the first things that an individual would want to know after being involved in an accident is who was at fault. Although it may seem like a straight-forward question, assigning fault in a car accident is more challenging than one might think.
Be Sure to Obtain Evidence
You should always acquire the name, address, driver’s license number, vehicle plate numbers, and insurance information from all the involved parties. On top of that, it is helpful to take as many pictures as possible and pay close attention to other details such as skid marks. Police reports can also be a great primary source to determine fault. Whenever an officer is called to the scene of a crime, they may have likely completed a report on the location and accident. These reports sometimes contain information about whether one driver was cited, and potentially the officer’s opinion as to who was at fault, Police reports can hold great weight in an insurance companies’ eyes.
Filing an Insurance Claim
When an insurance claim is filed, one of the first things that will happen is an adjuster will look at the evidence and determine how the accident occurred. From there, the insurance company may look at different pieces of evidence and determine whether the insured person, or the other driver, is responsible for the accident. Although fault is not always disputed in car accidents, sometimes evidence will need to be used to determine who the at-fault party is. In these situations, acquiring strong supporting evidence is key in proving your case.
Modified Comparative Negligence
Connecticut is a modified comparative negligence state. Comparative fault refers to an incident where there is more than one party responsible for at least some part of the accident, no matter how small. In these cases, the person filing a personal injury lawsuit would have their financial recovery reduced by the percentage for which they are at fault for. For example, if you were awarded a $10,000 settlement, but were found to be 10% responsible, you would only pocket $9,000.
How a Car Crash Attorney May Help
No matter the situation, determining fault could prove to be difficult without the assistance of an attorney. If you or someone you know has been involved in a car accident, you may be entitled to financial compensation. At Billings, Barrett & Bowman, our lawyers are experienced in dealing with car accident claims and can help you receive the financial compensation you deserve. To learn more about how fault is determined in car accident cases, contact us today to schedule a free consultation.