Author Archives: Meghan Bell

PROVING FAULT IN A CAR ACCIDENT

When a car accident happens, the probable next question asked is to identify who is at fault. It might not always be the driver of the car who will be at fault. Therefore, it is crucial to determine who shall bear the cost of repair and care. There may be instances where, even if a pedestrian is injured, it might be their fault and not the driver of the car.

There are different ways through which fault is proved. These are as follows:

•    Looking at the state traffic rules. The state traffic rules might have codes for vehicles or regulations that will apply for road commuting. Here one will find subtopic regarding rash and negligent driving, speed limit, roadside pedestrian movements, etc. Accurately mark the statue/ rule number and use it while trying to prove a person at fault.

•    The Police would have made reports of the accident during their inspection. These are first-hand information, and it is essential to keep yourself informed about the contents in the Report. Referring to the Police report is firm evidence to prove that a person is at fault.

Police reports will have direct mention of who had done what, an account of the accident location and a reference to specific law as being violated.

•    There also a situation of ‘No Doubt Liability”. A “no doubt liability” can leave you without any fault and by identifiable evidence of the accident the driver of the car come to be at fault. Identifiable evidences may imply the front end of their vehicle and the back of your carbeing damaged. At such a scenario, the liability of the accident is in the hands of the driver.

Sometimes the fault can also, however, be shared between you and the driver. Such a situation comes under the condition of comparative negligence. Here the responsibility of the accident as well as the compensation may be shared of reduced.