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AFTER A CAR CRASH, HOW DO YOU PROVE WHO WAS AT FAULT?

Colorado’s no-fault insurance regulations make determining who was to blame in an car collision a moot point. However, suppose your injuries exceed the limitations of your own medical payments coverage policy. In that case, you may have to submit a claim with the other car’s insurance company, and then you must establish that the other driver was at fault.

It’s critical to know who was at fault in an car accident before deciding how much money to give out in compensation. There are times when the driver who collided with another car will be held responsible for their actions. In other cases, though, this isn’t the case. A motorist may be partially or fully responsible for an accident if they commit an unlawful action, such as turning in front of oncoming traffic or failing to yield the right-of-way.

As expected, determining who is to blame isn’t always an easy task. Insurance premiums may go up if the other party is at fault, and a personal injury lawsuit may be filed. As a result, many motorists attempt to shift part or all of the responsibility onto someone else. So, how do you determine who struck whom when the parties involved cannot agree on who is to blame?

PHYSICAL EVIDENCE

First, insurance adjusters will look at the physical evidence in the aftermath of an accident. You may learn a lot about what occurred based on what you find at the site. Therefore, it’s critical to photograph the damage and any tangible evidence that may have been left behind at the scene of an accident. Photos and physical damage may help reconstruct an accident, but additional data that isn’t immediately obvious can assist fill in some of the gaps.

• Cell phone data 
• Mechanic reports 
• Accident photos 
• Damage to property at the site 
• Testimony from the Eyewitness

Physical evidence isn’t always enough to convey the whole tale. Insurance adjusters and lawyers for the parties involved will want to speak to anybody who may have seen the collision. Witness testimonies aren’t the only way to determine who is blamed, but they may give valuable information.

At the time of the crash, were either of the drivers speeding? If so, why? Was there a red light runner among the group? In the minutes preceding an accident, witnesses might provide valuable information, even if they were not directly involved.

Obtaining the contact information of any witnesses who may have seen the accident is critical for your attorney’s investigation. Be careful to collect the witness’s name and phone number at the very least. Witnesses who aren’t present at the site of an accident may be able to provide valuable information. Talk to businesses and residents in the vicinity where the accident occurred to see whether they observed what happened.

CAUGHT ON CAMERA

It’s almost impossible to reject video proof. It’s difficult to tell whether the collision was captured on video. You won’t always be able to. It’s possible that a security camera was aimed at the accident site by a knowledgeable personal injury attorney. In addition to the above, there are a variety of other video recording devices that may be used:

COLORADO’S RULES OF THE ROAD

It’s not uncommon for a car collision to be caused by one or more drivers breaking the law. Failure to surrender the right of way at an intersection or following too closely may result in a rear-end collision. To establish liability, it may be necessary to provide evidence of a driver’s prior traffic infractions, whether they occurred immediately before or after the accident.

As one of the most prevalent causes of car accidents in Colorado and the United States, distracted driving has become a major problem. Distracted driving claimed the lives of 3,166 individuals in a single year. Distracted driving is most often caused by drivers using their cell phones. In addition to speeding, following too closely, illegal lane changes, aggressive driving, and DUI, other traffic infractions include:

RECONSTRUCTION OF A CAR CRASH

Your attorney may recommend engaging an accident reconstructionist if there is still a doubt about who is to blame. Accident reconstruction professionals use physical data and physics to recreate how an incident took place. Reconstruction of an accident isn’t always accurate. If anything, these reports will only add to our understanding of the subject matter. Each party has the option of hiring their accident reconstruction specialists in the event of a disagreement.

EXAMPLES OF TYPICAL CAR MISHAPS

It might be difficult to determine who is to blame at times. When an accident occurs, both drivers are taken by surprise. In certain cases, even though it seems as if the disaster happened out of nowhere, someone might be held liable. This is especially true in circumstances when the accident’s mechanics or pertinent data indicate who was responsible.

ACCIDENTS IN WHICH YOU’RE HIT FROM BEHIND

Rear-end collisions accounted for over half of all two-car collisions in the United States between 2012 and 2014. Research shows that 87% of the time, these collisions are caused by the following motorist who isn’t paying attention to the traffic ahead of them. One car’s front end hits another car’s car’s back end when they meet head-on.

When the motorist in the behind is following too closely, these incidents are more likely to occur. As a matter of legislation, all motorists are required to keep a reasonable distance behind the car in front of them. Because of this, rear-end incidents are virtually always blamed on the other driver. Even if the car in front of them abruptly and unexpectedly slams on their brakes, the accident is almost always the driver’s responsibility in the back.

This assumption does not apply in the following situations:

Drivers may be held responsible for an accident that occurred without any other cars in front of them if they suddenly slammed on their brakes.

In certain cases, the lead motorist may be at blame if they used their brakes as a form of road rage to convince the following car to slow down.

Motorist A quickly cut in front of Driver B. Driver B was then struck from behind by the driver in front of them.

ACCIDENTS OCCUR WHEN A DRIVER MAKES A LEFT TURN.

Every day, motorists take a left turn at a traffic light. However, we tend to overlook exactly how deadly this is. One or more traffic lanes must be crossed for a car to make a left turn. One of the most hazardous driving movements is an unprotected left turn, i.e., a turn without a green turn signal or other traffic equipment. To safely make an unprotected left turn, a motorist must utilize their own best judgment.

It is common for the motorist making the turn to be held responsible for an accident. Because the other motorist has the right of way, this is the case. However, it is not always the motorist who is to blame. – The motorist heading straight was fast. 

The driver turning had a green light. 

In this case, the incoming car was not utilizing its headlights at night. Thus the turning driver could not see them.

A HEAD-ON COLLISION

A head-on collision occurs when two cars come into direct contact with one other. These are some of the deadliest and most severe mishaps. In these kinds of incidents, the blame is almost always clear. One of the drivers must have been going the wrong way if they had collided head-on. The wrong-way motorist is responsible for this accident.

ACCIDENTS AT THE PARKING LOT

Getting into a collision in a parking lot is one of the most regular occurrences. Large numbers of automobiles and people pass through parking lots in a variety of ways. Parking lots sometimes have few or no traffic signals, which makes things much more difficult.

Accidents in which a motorist backs into another car are among the most prevalent. Drivers in parking lots must reverse out of their spots. You may be involved in an accident if you fail to look behind your car or if another car suddenly appears. When a motorist backs up, he or she is most likely to be responsible. If the car’s driver in front purposefully or negligently moves into the car’s path in the back, this may not be the case.

Two drivers driving into the same place simultaneously: To enter and exit parking spots, a car must be able to move forward and backward. However, some vehicles choose to park towards the back of the parking area by driving across two spaces. When two cars enter the same space, the driver driving through the space is likely to be held responsible for the accident since it is probable that they were traveling in the wrong direction at the time of the incident.

Parking spots across the street are being backed out simultaneously by two automobiles. Identifying who is responsible for an accident when two cars collide may be challenging. Witnesses may be able to tell you who fled the scene first. Drivers might share blame for accidents if there are no witnesses.

GETTING YOUR MONEY BACK FOLLOWING A CAR CRASH

The number of damages you may collect might be affected by determining who is at blame. A personal injury claim may be made even if you are somewhat responsible. Therefore it is crucial to know this fact.

Pure comparative fault is the law in Colorado. A claim may still be made even though you bear a disproportionate share of the blame. The amount of compensation you get will be lowered in proportion to your degree of responsibility.

Several elements must be taken into account while assessing damages. Included in this are medical expenses such as doctor’s appointments and medical transportation, prescriptions, surgeries, hospital stays, and medical equipment.

Lost income to compensate for lost earnings due to time spent away from the office. If you cannot return to work, you may be able to get back some of your missed payments in the future.

To include genuine bodily and mental pain, such as persistent aches, emotional anguish (such as worry and depression), as well as post-traumatic stress disorder (PTSD).

Wrongful death, to pay appropriate burial and funeral expenses, as well as lost earnings, medical expenditures, and pain and suffering.

A SKILLED PERSONAL INJURY LAWYER CAN ASSIST

It’s not always simple to prove someone else’s negligence. However, when it comes to a personal injury lawsuit, it might make all the difference. If you’ve been in a car accident, you’ll need an experienced lawyer to help you establish your innocence.

After an accident, it’s critical to contact a personal injury attorney immediately. Accident scene evidence and security footage may vanish if you wait too long to collect them.

After a car accident, your recovery is the most crucial thing. Even if money can’t take away your suffering, it may help you get the care you need. To accelerate and maximize your financial recovery, it is important to prove your guilt as soon as possible. If you have concerns about an accident or need assistance with a claim, an experienced Colorado car accident lawyer can assist you.