How to Tell Who Is at Fault in a Car Accident

By September 23, 2015Car Accidents

A crucial part of running a car accident case in Las Vegas involves figuring out who is responsible for the wreck. The process of determining fault in a car accident entails numerous steps. This is crucial, as Nevada is not a state that uses a no-fault policy for insurance claims, meaning that someone will be charged with fault in some way.

Evidence Is Necessary

Evidence is required to figure out the fault in a case. This includes a look at any traffic citations that might have been issued followed a wreck, details on police findings, and any witness statements that were made available. The people involved in a case must gather as much information as possible to ensure that it can be properly filed.

A driver who violated any laws during the accident may be held liable. However, a driver who failed to avoid an action caused by another party that broke a law might also be held liable. This is especially the case for a vehicle that was around the rear of an accident site.

Comments Must Be Recorded

The comments made by the people involved in a wreck are used to determine fault. Police reports and insurance claims are often recorded and used to figure out if someone is willing to admit fault in the accident. This can include cases where a person did not see the other party in a wreck. Where security camera footage exists, it can also be taken to determine who is at fault in a case like this.

What Eyewitnesses Are There?

The eyewitnesses to an accident may be crucial to the case. These are parties that are typically not related to those involved with the accident. These people are independent from the accident and will have information on what might have happened around the accident site. This, in turn, allows the insurance company to figure out how the claim is to be run. Eyewitnesses need to be consulted as soon as possible after the accident. Information on those people, particularly contact information and if they noticed anything unusual before the wreck, can be included in a case report.

What Actions Happened Beforehand?

The actions that took place before the accident occurred may also be analyzed. These include actions like whether a driver was distracted for any reason or if another person was going too fast. A person who was distracted by a mobile phone or might not have paid attention to the speed limit might be determined to be at fault in such a wreck.

Combined Fault Is Possible

There are times when both parties may be at fault in some way. For instance, a driver can rear-end someone after another other driver suddenly switched lanes without any advance warning. This can result in a case where both parties could split part of the blame. Only a judge can determine if the blame within a case can be divided up between both parties. Again, evidence is required from police reports, eyewitness statements and other details.

All pieces of evidence must be reviewed after a car accident takes place. There must be as much available information as possible to ensure that a fair assessment can be performed during a case that occurs after an accident.

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