How is Fault Determined in Auto Accidents?
To find success in a personal injury claim related to an auto accident, you and your attorney must be able to prove that another driver (or another person or entity) was at fault. But how exactly is fault determined in a car crash?
In some cases, the fault of the other driver is clear. If, for example, a driver was drunk behind the wheel at the time of the accident, there is little doubt as to his or her liability. Other general acts of negligence involving traffic violations, such as running a stop sign or speeding, typically do not require much analysis to conclude the violator was at fault.
There are some situations in which it can be more difficult to apportion fault. For example, failure to yield to accidents can have extra complications, based on traffic and road conditions and the actions of other drivers who were not involved in the crash. In these cases, determining fault might come down to whether or not a driver was ticketed for a traffic violation.
Police reports may also be of assistance when it comes to determining fault. Any time officers come to an accident scene, they are required to create a report about what happened, especially if injuries are involved. You can obtain copies of the police report at the nearest police station. The report could have key information, such as the officer’s opinion about who was at fault, along with observations about traffic violations and information on citations issued to other drivers.
Finally, if the accident was a rear-end collision, it is almost never the fault of the driver in front. In these situations, proving liability on the part of the other driver is a little easier.
For more information on how you can prove liability on the part of another driver in your car accident injury claim, speak with a skilled Houston attorney at Cire Law Firm. Give us a call at 713.532.6206 or contact us online today.