In the case of a car accident, the term fault is pretty self explanatory; it simply means that the person who caused the auto accident is at fault. However, that is where things stop being straightforward because the assignation of who is at fault can get complicated. In many cases, one person is clearly at fault, but there can be cases where both parties are at fault, which makes the situation more complex.
That is because each driver is given a percentage of how much they are at fault for the accident. So one driver could be 75% at fault and the other could be 25% at fault. It may seem strange to determine fault that way, but those percentages are important because they have a bearing on the driver’s eligibility for compensation and the amount of compensation they receive. If you have been in a car accident and you need help sorting out the fault process, then contact thela-lawyer.com for assistance.
The Fault Process
The Police Report
After a car accident, the police will eventually arrive on the scene after being called by the occupant of one of the vehicles or by a bystander. After the people involved have received the help they need, the responding officer will write a report detailing what happened. The officer will interview the people involved in the accident as well as any eyewitnesses who saw the accident occur. They will then give the report number to the drivers so that they, or their lawyer, can request to have a copy of the report when it is complete.
Sometimes, the officer will offer their opinion as to who was at fault in their report. Since that decision is the officer’s opinion, it does not mean that it is legally binding, however, their opinion can be compelling to insurance companies and the courts. If the officer believes that one of the drivers is at fault, then they can issue a citation and/or conduct further investigations. In some cases, such as a driver being intoxicated, they can even perform an arrest. If that arrest is accompanied by proof such as a breathalyzer test that shows that the driver’s blood alcohol level was over the legal limit, then that can be important in the determination of who was at fault.
The Insurance Claim
While police reports are right most of the time, there are cases where their decision is wrong. Cases where people involved in the accident are unable to speak for themselves because they have been taken to a hospital by paramedics are just one type of example. In those cases, the officer will likely just get one version of the events. Often, it is an insurance adjuster who determines fault in the legal sense because they will perform a more detailed investigation than is required by the responding officer.
That adjuster is assigned to the case after a driver involved in the accident contacts their insurance company. The insurance adjuster will review the police report, but they will also visit the accident scene, examine the damage to the vehicles involved, review medical records, and interview witnesses. All of that paints a more detailed picture of what happened during the accident.
The Legal Process
In many cases, the insurance company of the negligent driver will try to prove that their policyholder was not at fault in order to reduce, or eliminate their settlement offer. If the accident victim believes that the settlement offer is insufficient, then they can choose to file a lawsuit against the negligent driver. Since insurance companies tend to look out for themselves, it is usually necessary to contact a lawyer to help with the claims process. So, if you are ever in a car accident and you believe that the fault determination process is getting too complicated or is not in your favor, then you should contact an experienced personal injury attorney to help you sort things out.
