Determining Liability in a Car Accident

WHO IS RESPONSIBLE (OR AT FAULT) IN AN ACCIDENT?

Sometimes the answer to this question is very easy. Take the most common car wreck case: a rear-ender (when a second driver rear ends the driver in front). Most of the time, it is assumed that the accident is the fault of the second driver. If that second driver admits he or she was distracted or not paying attention, then the issue is over and we know who is responsible. In legal parlance, we say that the second driver is liable. But what if the second driver says the first driver slammed on the brakes for no reason? At that point, we have a dispute and we need to look at all the evidence to determine who is responsible.

If the cause of the accident is in dispute, then evidence comes into play. This includes both drivers' account of the accident, any opinions of witnesses, any physical evidence at the scene (such as skid marks), and the damage to the cars (See Obtaining Evidence). It is extremely important to obtain and secure your evidence as soon as possible after an accident. Once we're am hired, evidence collection becomes not only our responsibility but our priority.

Most of the time, there is a police report which documents the basic accident facts, with the investigating police officer ultimately giving an opinion as to what contributed to the accident. While these are not always 100% accurate, they usually do a good job of providing basic information and giving a beginning place for an investigation to begin if the issue of responsibility is in dispute. See Analysis of a Texas Police Report for more information on when a report is done, what one contains, and the accuracy and reliability of these police reports. If you don't yet have the accident report, learn how to Obtain Your Police Report.

WHO DECIDES WHERE THE LIABILITY FALLS?

Both the person making the claim (or his or her attorney if they have one) and the insurance company for the other driver do their own investigation. Sometimes the insurance adjuster is interested in sharing information, but they usually just do their own investigation at their own pace (oftentimes way too slow, if you ask me). When the adjuster reveals their opinion as to who is liable, everyone knows where they stand. If the adjuster "accepts liability" then the property damage portion of the claim gets moving towards resolution, which is a good sign. But what if the two sides (the claimant and the insurance adjuster) don't agree as to who was at fault? Then there is a high likelihood that the only way you are going to get compensated for your property damage and your bodily injuries is if you file a lawsuit. If a case is filed, the issue of liability is ultimately decided by a jury of your peers, but only if the case does not settle before then.

FREE CONSULTATION

Preserving the evidence and making sure the claim is presented properly are very important to the overall success of your claim. An experienced injury attorney is more qualified to handle these issues and can help an injured party obtain a better result than if they handle the process on their own. For a free consultation about your legal rights as an accident victim, please call the Anderson Law firm at: 817-294-1900 or Contact Us Online.