A CAR CRASH FAULT DETERMINATION
Just being engaged in an accident is generally unpleasant and distressing. Frustration and tension may quickly turn into a fury if you’ve been hurt in an accident and the other driver refuses to take responsibility. When it comes to lying about an accident, some drivers aren’t afraid to dishonestly shield themselves from a bad consequence. What to do in the event of an car accident if you have to establish that the other person was responsible for crashing into your car, rather than you
Drivers aren’t always dishonest when it comes to accident details. Despite the evidence to the contrary, they still feel they are innocent. Often, a careless driver’s account of events includes enough evidence to prove their innocence. When someone tells a blatant falsehood, it gets more difficult to find out the truth.
PEOPLE WHO ARE BAD DRIVERS MIGHT TELL LIES ABOUT A CAR ACCIDENT THEY WERE INVOLVED IN.
That a motorist would just lie about causing an accident that injured someone else seems implausible to us. Because they have so much at stake, those with a poor driving record may feel forced to fabricate their records. According to National Highway Traffic Safety Administration (NHTSA) driver statistics, there is some evidence of dangerous driving practices that go on for a long time. In 2017, 52,274 drivers were engaged in deadly accidents, which shows a pattern of recurring traffic offenses.
8,468 drivers had previously been involved in a car accident. 8,639 drivers had previously been convicted of speeding.
8,468 people had previously had their licenses revoked.
AT THE TIME OF THE COLLISION, 7,366 DRIVERS WERE DRIVING WITHOUT LEGAL LICENSES.
Because revealing the truth might result in hefty fines and financial losses, drivers may fabricate their stories. Driving under the influence of alcohol or drugs may lead to dishonesty, as can a bad driving record that threatens to ruin a person’s livelihood. An unaffordable insurance premium might result from another accident or ticket for a motorist already considered high risk.
IT IS CRITICAL TO DETERMINE WHO WAS AT FAULT IN A CAR ACCIDENT.
You have a lot to lose if you can’t show that the other motorist was at fault in an accident. When a police officer issues a ticket, and you are required to pay a fee, your financial
troubles officially begin. When you have to pay your collision deductible before you can have your car fixed, it continues. It may be emotionally stressful when you know that you weren’t at blame but have to prove it to your insurance company. Your safe driving rating may be permanently altered for years if the opposing party’s responsibility claims are paid any way.
An at-fault accident normally raises your renewal premium if your insurance company chooses to renew your motor coverage. If they remove your coverage, you’ll have to spend a lot of money on a new insurance company to replace it. It can be reassigned or fired if your employment requires you to utilize a corporate car or travel on company business.
The Colorado Department of Highway Safety and Motor Cars adds a crash entry to your driving record if you are issued an accident ticket. For a period of three to five years, the blemish will stay on your driving record. It will be used in the rating process for each new insurance company. As part of a pre-employment inquiry, a company may look into your driving history.
IT’S YOUR RESPONSIBILITY TO MAINTAIN THE EVIDENCE OF NEGLIGENCE IN A CAR ACCIDENT.
You may not realize if the other motorist lied to an officer of the law until you get a copy of the police report from your insurance company. Each driver’s account and physical evidence are documented during accident site investigations by investigators. If the other motorist informs the investigating officer that he had the green light and you had the red, the officer will record it as his version. On the contrary, it is up to you. You’ll miss your greatest chance to help show who struck whom if you wait a few days.
After a car accident, dial 911 for assistance. Do some investigating while you wait for the cops to come and record what you find. If you conduct your site investigation, the evidence you need to show that the other motorist struck you will be preserved.
HOW TO CAPTURE A CAR CRASH MOMENT
When an accident occurs, the scene is still in its raw state. You can see everything exactly as it was at the time of the disaster at the crash site. However, drivers do not instantly remove their cars off the road. On the outskirts of the accident site, onlookers and witnesses congregate. All of the weather and lighting conditions have returned to their previous state. If you haven’t already done so, now is the best moment to gather proof of the accident.
INVESTIGATION OF THE SCENE OF A CAR ACCIDENT
Ask a passenger or a bystander for assistance if you cannot exit your car because of an injury. You can’t take anything for granted. Following an accident, take a picture of the scene using your mobile phone and email it to your insurance provider.
Take pictures of the following essentials:
Before the other motorist gets out of their car, take a picture of the accident site in its entirety. Check the places of contact, fresh and old damage, and the license plate for signs of wear. Take images from a distance to demonstrate how the cars came to
rest soon after the collision was recorded. Take at least one picture of the two cars together so that they can be seen.
Background and collision area: Take pictures from a distance of the accident site. Background, traffic lights, highway, accident debris, and any signage indicating the junction should all be included.
Another driver. The other driver’s insurance card and driver’s license should be photographed. If you can, snap a picture of the other driver unobtrusively.
Ask passersby whether they saw the accident and if they have any information about it. Don’t forget to ask for their names and contact information if they did. As a witness, you have a better chance of getting the information from witnesses than a police officer.
By the time a police officer arrives, the scene of an accident may have changed. Drivers do not identify themselves before departing. Many of the onlookers just leave. This information will be kept more dynamically than any oral version could have conveyed in a matter of seconds. Insurers won’t be able to collect any of this information from you.
THE CLAIM INVESTIGATION BY YOUR INSURANCE COMPANY
Your insurance company performs a liability inquiry if there is a disagreement about who struck whom. You have a legal obligation to pay regardless of guilt, but only if the other driver’s carelessness caused or contributed to their losses are they responsible for paying you?
The sooner you notify your insurance company of your claim, the more time they have to conduct a thorough investigation. Your original accident report should clearly state that the other driver was not at fault. If you’re required to provide a statement to your insurer, limit your remarks to facts that can be independently verified.
WHAT YOU LEARNED FROM YOUR SITE INVESTIGATIONS WILL HELP OTHERS.
It is perfectly acceptable for you to share the evidence you gathered at the accident scene when you meet with an insurance agent assigned to your case. Send them your images and any other materials you think they’ll find useful. To support your account of the occurrence, you conduct a thorough site investigation. When you indicate you’re not at blame; it shows the claim representative that you’re honest and conscientious.
An expert insurance claims specialist will handle your case if you and the other motorist are injured. In the long term, that’s better for you. Seasoned adjusters better understand liability problems. They are more likely to appreciate and benefit from the information you present if you do a thorough site inspection. A less-experienced adjuster may handle property damage claims. They may not be able to identify all of the potential liability risks.
AFTER AN CAR COLLISION, FIGURING OUT WHO IS TO BLAME
An insurance company will use more time and resources to dispute a high-value liability damage claim. They may look into a location, but the situation will have altered significantly by the time they arrive. In addition, they get statements from the driver and any other witnesses and police records, and any pertinent documents. To identify who is at blame, they examine and analyze each piece of evidence.
Statements made by the drivers. There are situations when a motorist insists they aren’t at blame, but their comment implies otherwise. Keywords and phrases are searched for in recorded statements by insurance investigators.
When they ask the same questions, they do it in various ways and listen to the answers with an open mind. Most motorists aren’t familiar enough with the law to concoct a falsehood that will get them out of trouble.
The specifics are typically revealed even when they are attempting to conceal or obscure them. An insurance investigator may see signs of stress and anxiety in the driver’s demeanor when they interview them in person.
The same kinds of accidents keep coming up in the experience of an insurance investigator. They can typically tell whether a motorist is exaggerating or fabricating information— observer accounts. An impartial witness is a person who saw the accident but was not engaged in it and had nothing to gain or lose by stating the truth. Their version is frequently more essential than a driver’s for assessing blame.
DAMAGE TO A CAR
A skilled car damage assessor may tell which car caused the original collision by examining the damage to both cars. If possible, they strive to correlate damage resulting from an accident with the drivers’ accounts of how it occurred. Inspect the debris left on the roadway for damage, paint slashes, dent and ding locations, and broken taillights. They evaluate areas of rust and wear to see whether the damage is from a previous accident or if it is connected to the present accident.
Once the car is examined, an expert assessor can describe exactly what happened to the car. An appraiser may examine both cars, and it is typically possible to identify who was at fault.
ADDITIONAL RESOURCES FOR ACCIDENT INVESTIGATION
There are situations when the resources of an insurance company’s claims department are not sufficient for determining the truth. Because of the expensive expense of hiring an expert, insurance companies only do so when a claim has a large monetary value or when an expert witness is needed in court.
CAMERAS FOR SURVEILLANCE AND MONITORING TRAFFIC
Cameras have become commonplace. On poles, in shops, and on top of buildings, they’re everywhere. The key is that they record everything. With cameras, you have to figure out where they are and who controls them before you can get to the video you need, which may
be a challenge. You may need the assistance of an attorney to get a subpoena authorizing you to watch and copy the video.
A SPECIALIST IN ACCIDENT RECONSTRUCTION Forensic Engineers is often referred to as accident reconstructionists. Among their areas of expertise are mechanical and biomechanical engineering, respectively. Digital services like Human Factor Analysis and 3-D Evidence Preservation are offered in addition to standard accident reconstruction and analysis.
Based on the physical data collected at an accident site, accident reconstructionists arrive at their findings. Their qualifications enable them to testify in court as an expert witness rather than an insurance investigator or car appraiser.
DATA LOGGERS FOR CARS AND TRUCKS
The EDR (Event Data Recorder) in your car may not be obvious to you. Since the Federal Transportation Code Part 563 mandated EDRs in 2012, car manufacturers have begun installing them. They work similarly to the black box of an airliner; before and during a collision, EDRs record a car’s activity. This data includes the driver’s inputs, such as steering wheel angle, seat belt usage, lateral and longitudinal acceleration, and dashboard warning lights. A front-end collision or an event that causes airbags to deploy are the primary data sources for these sensors. This information might be crucial in settling legal concerns.
Only the car’s owner may provide access to the car’s EDR data. An attorney may subpoena the other driver’s data during the discovery phase of a lawsuit. A forensic engineer or other professional is needed to aid in downloading and understanding the data.
CAR ACCIDENT FAULT DETERMINATION ISN’T ALWAYS EASY, BUT THERE IS SOME GOOD NEWS.
The good news for insureds is that insurance companies don’t often attempt to undercut their stance on culpability. There is no proof that you were responsible for the other person’s damages. Therefore they treat your claim as though you were not legally responsible. This does not imply that the other driver will get no compensation. Comparative Fault Statute in Colorado states that more than one individual may be responsible for an accident. Your insurance company may give a minor payment depending on the other driver’s car and personal injury losses to shield you from further lawsuits.