Determining fault in car accidents is very important because it establishes legal liability. This affects which party’s insurance company is responsible for covering the damages and injuries resulting from the accident. In this way, determining fault helps ensure that the responsible party is held accountable. Especially for the financial consequences of the accident.
Determining fault in car accidents is a complex process that involves gathering evidence. Which then leads to an investigation and often legal analysis. Car accident lawyers can assist in determining fault in car accidents. But their primary role is to provide legal representation and guidance to individuals involved in car accidents. While they may not have the authority to officially determine fault, they can help establish liability.
Questions About Fault in Car Accident
What happens in a car accident no one admits fault?
In a car accident where no one admits fault or where the other driver disputes their fault in the accident, determining liability can be more challenging. In accidents that result in this deadlock, police and insurance investigations will be conducted to help determine who is at fault for the accident. Because Washington State is a comparative fault state, fault can be shared in a personal injury case. Damages are awarded based on contributory fault law. Which says that you may only be awarded damages proportional to the percentage of fault contributed by the defendant and nothing for the amount of fault that you contributed.
If the parties involved cannot agree on fault or the insurance companies are unable to reach a settlement, either party may decide to pursue legal action. This involves filing a lawsuit and presenting the case before a court. The court will assess the evidence presented by both sides and make a determination on liability. An experienced car accident attorney is an invaluable resource in this scenario.
How to prove you are not at fault in a car accident
Proving that you are not at fault in a car accident requires gathering evidence. Then presenting a strong case. There are several steps that can be taken to help support your claim:
- Gather evidence at the scene (if you are physically able to do so). Take photos or videos of the vehicles involved, the location, road conditions, traffic signs, and any visible damage.
- If there were any witnesses to the accident, ask for their contact information and ask them to provide a witness statement describing what they saw.
- Write down your recollection of the accident to document your account as soon as possible while the details are fresh in your mind. Include information about the events leading up to the accident, the actions of other drivers, and any other relevant details. Be as specific and accurate as possible.
- Request a copy of the police report of the accident. This is important, because the report often includes an officer’s assessment of fault based on their investigation.
- Seek medical attention after the accident even if you don’t feel injured. Medical records can serve as evidence of any injuries you sustained as a result of the accident.
- Gather all relevant documents including medical bills, repair estimates, and records of any vehicle repairs or maintenance performed prior to the accident.
- Contact a car accident lawyer. A car accident lawyer can provide legal guidance, review your case, and help you build a strong argument to prove that you are not at fault. They can assist with gathering evidence, analyzing the details of the accident, and representing your interests if legal action becomes necessary.
I admitted fault in an accident. Can I still file a claim?
Admitting fault in a car accident may have implications for filing a claim. However, it does not necessarily mean that you cannot pursue compensation. Because Washington State is a comparative fault state, even if you admitted fault, the other party may still share a portion of the responsibility and you could still file a claim proportional to the percentage of fault contributed by the other driver(s). In addition, you should review your insurance policy to understand the coverage you have. Depending on your policy, you may still be eligible for certain types of benefits or coverage, such as medical payments, uninsured/underinsured motorist coverage, or collision coverage.
Contact a car accident lawyer today!
A car accident lawyer can help you recover a full and fair settlement for the injuries you sustained in a car accident with no up-front costs to you. We know the sneaky strategies used by insurance companies to get injured people to agree to settlements far below what they are worth. Our clients typically end up with a settlement or jury award that is five to ten times larger than they could have negotiated on their own. We have been representing people injured in Whatcom County, Skagit County, Island County and Snohomish County since 1979. Contact the experienced and hard-working personal injury lawyers at Tario & Associates, P.S. in Mount Vernon, WA today for a FREE consultation!
