Determining fault in an auto accident can be tricky but is a critical step in the process of filing an insurance claim or a personal injury lawsuit. There are legal requirements that must be satisfied to determine fault in an auto accident. In other words, the four elements of negligence must be proven. These elements are:
- The negligent party owed you a duty of care
- This party breached their duty of care
- The breach of duty of care caused the accident
- The victim has damages and losses because of the accident
In most cases, it’s easy to determine the at-fault driver due to their behavior while driving. The negligent driver will be responsible for any injury, property damage, or death that they caused. However, sometimes it can be difficult to determine who is at fault, especially when multiple parties identify liability that conflicts with someone else’s fault claim.
Receive Help Determining Fault in a Car Accident
Hiring a car accident lawyer can relieve you of handling many case-related tasks. At George Sink, P.A. Injury Lawyers, our attorneys can assist you in determining the liable party or parties and recover fair compensation for you.
There are many stakeholders involved in determining fault in a car accident. After filling an insurance claim, the insurance adjuster determines how the accident occurred.
The insurance company may assess evidence and circumstances involved in the accident to determine who was responsible for the accident. Helpful evidence in a car accident case includes the following.
The police report is among the primary sources of information for the accident. The responding police called to the scene will likely compile a report with information about the party the officer believes is at fault. Your lawyer should review any relevant police reports and request to make amendments if a report includes inaccurate information.
State and local traffic laws can also help determine which party is at fault for an accident. Laws may regard information about times of day a driver should reduce his or her speed, merging instructions, or other relevant information that can be applied to the victim’s case. If one of the drivers is found guilty of violating a traffic law, this may be used as evidence of his or her fault in causing the accident.
The general rule is that if a vehicle gets hit from behind, the rear driver is at fault. This is because traffic rules require that there be a certain amount of distance between vehicles.
Even if the front driver applied emergency brakes, the other driver was likely following too closely if he or she struck the vehicle in front.
Insurance adjusters may also look at photos of the accident. Sometimes the location or the damage on the vehicles can help demonstrate which party was at fault for the accident. They may also review witness statements regarding the accident.
Can Multiple Parties Be at Fault in a Car Accident?
Yes, multiple parties can be at fault. As the other driver, you may share fault. However, even if you are partially to blame, you can still receive compensation.
South Carolina and Georgia recognize comparative fault law. Each driver’s negligence will be evaluated and compared to see what amount of compensation each party can claim, if any. For instance, if the other driver was deemed 80 percent at fault and you were 20 percent responsible, the award to you would be reduced by 20 percent because of your contributory negligence.
However, if you are found to be 50 percent or more at fault for the car accident, you will not receive compensation. Your attorney can fight for your rights to make sure you receive a fair settlement in your car accident case.
Evidence We Collect for You
When you’re involved in a car accident, you don’t have to worry about proving fault because our legal team does it for you. We communicate with your insurance company, obtain your car accident report, and collect other supporting evidence.
We organize all your evidence to steer your case toward an insurance settlement versus a prolonged court case.
We Can Recover Damages in Your Car Accident Claim
Our legal team will clarify your damages and help you recover compensation for:
- Economic damages, including medical bills, income loss, property damage, and other forms of objective losses
- Non-economic damages, including pain and suffering, mental and emotional distress, and other subjective losses
Discuss Your Car Accident Case with Us Today
If you or a loved one suffered injuries in a car accident, our attorneys at George Sink, P.A. Injury Lawyers can help you determine the at-fault party or parties. A car accident lawyer from our firm will tirelessly advocate for you and recover the financial settlement that you deserve.