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Who is at Fault When a Car Wreck Occurs?

Jul 17, 2018 | Auto Accident


Car WreckCar wrecks can occur for many reasons. Someone may be distracted while driving, not following the rules of the road, or simply fall into a net of bad luck. No matter how the accident occurred, there always has to be fault proven for a lawsuit to gain traction.

Within a lawsuit, there will be one person identified as the “at fault” party. While defining who is at fault can sometimes be simple, it is often the most complicated part of a lawsuit, as no one wants to admit fault or full fault. Fault is so important because it determines who will be receiving compensation and who will be paying for it. Insurance companies will do all they can to prove their client is not at fault, making the determination even harder to pin down.

After an accident occurs, its essential to document the scene as well as you can. Taking pictures of the damage, the surrounding area, and any injuries sustained can be vital in proving the other party is at fault. Witnesses may also be able to help as they can give an account of what happened, proving that the other driver ran a red light, was texting, or was distracted in some way that in turn, caused the accident. Be sure to document everything you can and to contact law enforcement as soon as the accident occurs. A police officer is required to fill out an accident report on the scene, and that police report will be used heavily when determining fault. Both insurance companies will look to that report, but your own documentation is also helpful to further prove fault.  While documenting be sure to include:

    • Pictures of both cars, paying special attention to damage
  • Pictures of any injuries sustained
  • Pictures of the surrounding area where the crash occurred, including images of the stoplights, intersection and sidewalk
  • A written description of the events that occurred
  • Specific timing of the crash

Every state has their own laws for determining fault, so it’s important to know your states laws following an accident. In addition to distractions, there are a lot of factors that need to be determined before finding fault. If a car wreck occurred while a driver was turning left, you will need to prove that the rules of the road were in your favor. Sometimes, even if you feel the other driver was at fault, there may be loopholes in state law that turn that around. An experienced car accident attorney will be able to help you avoid these loopholes and prove fault.

If you were injured in a car accident, contact the trusted attorneys at Stewart & Stewart today. Give us a call at 1-800-33-33-LAW or visit our website for more information.

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If you have been involved in an Indiana personal injury accident, contact us at Stewart & Stewart Attorneys. Our Indiana personal injury lawyers represent victims throughout the state, including Carmel and Anderson. We have also successfully advocated for clients throughout the area, including Fort Wayne, Gary, Indianapolis, South Bend. Complete a free online consultation form or call us at (800) 33-33-LAW!

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