If you are involved in a car accident, one of the things you need to establish fast is the issue of liability. This is what determines whether someone other than you can pay your damages, and who that person is. Here are a few questions to begin with to help you determine who is liable for the crash.
1. Was There a Traffic Violation?
A traffic violation is not a bullet-proof way to prove that a driver was negligent for an accident. However, it is well-known that traffic violations can easily lead to accidents, and indeed, many accidents are caused by traffic violations. Therefore, if there was a traffic violation, there are high chances that the driver who violated the traffic law will be held liable for the crash. For example, the driver who runs the red light and crashed into you, the driver who was driving in the wrong lane or the driver who didn't have their lights on at dusk is likely to be liable for the accident.
2. Was It a Rear-End Accident?
In most cases of rear-end accidents, it is the rear driver who ends up being held liable for the crash. This is because every driver is expected to maintain a safe distance between them and other road users in front. This safe distance should be a distance that can allow the rear driver to stop safely in case the car in front stops without warning or executes an emergency maneuver.
3. What are the Witnesses Saying?
Eyewitness testimony can be a powerful tool when processing a car accident claim or lawsuit. This is particularly true if there are multiple eyewitnesses and they are all testifying to the same thing. For example, if the eyewitnesses are saying that a driver was driving over the centerline just before the crash, it's likely that the errant driver will be held liable for the accident.
4. What Did the Drivers Say After the Accident?
The comments you make immediately after a car accident can make or break your case. This is why auto insurance companies warn their clients not to accept liability in case of an accident. For example, a driver who apologizes to the other for cutting them off and causing a fender bender will most likely be held liable for the crash. Another example of a driver who may be held liable for an accident is one who claims they did not see the other driver just before the accident.
For more information, contact a company like Buckley Law Office.