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How To Determine Fault After a Car Accident


According to the Association for Safe International Road Traffic, more than 30,000 people die in fatal car accidents in the U.S. each year, and additionally, approximately two million people are injured or disabled from car accidents. Injured victims include drivers and their passengers, as well as pedestrians and bicyclists. While drivers might dispute who really caused the accident, the court and insurers look at different factors to determine who legally caused the accident and which insurer is responsible for paying for damages.


Testimony from Witnesses

Whether the case goes to trial in front of a judge or ends with an insurance settlement, the insurers will look at witness testimonies to determine who caused the accident. Those witnesses may include drivers of other nearby vehicles, pedestrians who saw the incident, and any individuals who were involved in the accident. Witnesses are typically asked to explain what they saw, and if the case goes to court, they may be asked to retell what they remember.


Gathered Evidence

Insurers and judges will also want to look at the evidence gathered from the scene. This can include any evidence that the injured plaintiff collected, such as photos of a damaged vehicle or medical records documenting the injury. Photos help to document details of the scene that witnesses might not remember, such as any road obstructions, damaged road signs, and even weather conditions.


Police Report

If an accident caused at least $500 worth of property damage and/or led to one or more people needing medical attention, someone involved in the accident is responsible for reporting the incident. The local police department will likely send officers to the scene to clear up the road and direct traffic around the accident. Those officers can also create a police report to document as many details of the incident as possible. Insurers and judges generally use this report and the information it provides to determine who was at fault.


No matter what type of accident you are involved in, you can still get help when dealing with insurers and the court system. Contact an attorney, like a car accident lawyer Brooklyn NY trusts, and schedule a consultation to learn more about collecting financial compensation for your injuries.


laurence c tarowsky attorney at lawThanks to our friends and contributors from The Law Offices of Laurence C. Tarowsky for their insight into

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