Determining Fault in a Car Accident

by | Apr 24, 2013 | Lawyers

Whenever you are in a car accident, it is important to determine who is at fault for the accident so that necessary compensation can be provided to the necessary party. There are many factors that can help to determine who is at fault in an accident and it is important to utilize the services of a car accident attorney in Elizabeth, NJ in order to ensure the most favorable outcome possible, no matter the results of the tests. Some of the things that are used to determine who is at fault for an automobile accident include police reports, the basic traffic laws, looking at rear end accidents, and looking into left turn accidents. There are even situations where no one will be at fault and your car accident attorney in Elizabeth, NJ will be able to assist you in this case also.

Police Reports

One thing that can be used as a resource to determine who is at fault for a car accident is to look through the police reports. These reports will basically be the thoughts and recollections that the police officer had about the case, if any police officers showed up at the scene. You or your car accident attorney Elizabeth, NJ will be able to request a copy of this report to use in your case.

Traffic Laws

You will be able to use the traffic laws in your state to help you prove the other party was at fault in the accident. You can access information for all driving laws through the local DMV and reference the section number that applies to your case. This will give you a lot of leverage when working with the other party’s insurance.

Rear End Accidents

If your car was hit in the rear by the other car, it will be difficult for that party to prove that you were at fault. Most rules of the road will state that you are required to leave enough room behind you and the other car in order to make sudden stops safely. If the other car hit you from behind, they were not driving as safely as they could and it is most likely their fault.

Left-turn Accidents

If all other rules of the road are followed, the vehicle who was making the left turn will be the one at fault for the accident. It is important to remember if the car going straight went through a red light or was speeding, they will be at fault regardless of the direction the other car was turning.

No Fault

There might be circumstance where it is clear who is at fault for the accident and the insurance companies will want to end the process as soon as possible. This means that a settlement will be reached and agreed upon quickly. Your accident attorney Elizabeth NJ will be able to assist you in these instances.

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