Who’s at Fault for the Car Accident and Who Will Pay?

When car accidents happen - especially if they’re between two vehicles - these tend to be tricky things to deal with. Not only do you have to assess the situation from the perspective of all parties involved, but you have to take into account just what was damaged, who was injured, what laws were violated, and what sort of penalties to expect before. This is beyond the medical and health implications of treatment and recovery, and the legal implications of potential cases to file. You will have to deal with these issues in coming days and months.

But in terms of finances, determining who's at fault to pay for a car accident may is a difficult task. Where does the answer lie?

A lawyer can be of great assistance when it comes to resolving these kinds of situations, as their knowledge on the matter can greatly help shed light on situations of specific accidents and the nature of responsibility and blame. Traffic laws can be tricky to understand, which is why understanding what your lawyer says regarding these matters can give you an idea if you or the other party should pay for the accident. You may click here for more information on your legal advice options.

According to FindLaw, before the topic on "who to blame" is discussed, it's important to assess just how someone can be proven responsible or liable for the accident anyway. In terms of the law, this is a matter of determining who made a mistake and if they were really negligent in fulfilling their obligations in the eyes of the law. This is because liability in law can actually only be proven if there are four elements established:

  • The person supposedly at fault had an obligation to do his duty with a considerable amount of care. In the case of this situ​ation, the one supposedly at fault was obligated to handle his vehicle with a considerable amount of care to avoid injuries from happening.
  • The second element of consideration is to see if the person supposedly at fault actually was negligent in fulfilling the obligation of care towards the other persons involved in the accident, including you.
  • The tricky part is proving that such negligent action was actually the cause of the accident happening in the first place, and this is the third element you have to prove.
  • Fourth, and lastly, is to prove that the negligent action directly caused your injury.

Proving someone was actually at fault and is liable to pay for damages, is a tricky process that involves a lot of factors. However, you can prove your case against the person who injured you with the following.

Police Reports Help

One of the many reasons why police are immediately notified of the scene of an accident or crime isn’t just for immediate medical and law enforcement assistance, but to make sure a police report is filed for incidents like these. This is because when an officer responds to a crime scene, chances are they will more or less make a report of what they've encountered in the incident.

  • check
    You may also try to ask for a copy of such a report after it has been filed. If there's limited police manpower in your area, then you may proceed to the station right after the accident and make a report there.
  • check
    This is important, as police reports are what officers recall from the incident. These can include a lot of information that can prove vital to your case, including their interpretations of the incident and who might be at fault.
  • check
    If there's any incorrect information there, including relevant insurance information, then inform the police station immediately. What's hard is disproving a fact, as you may have to present proof that your version of events were the ones that really happened.

The Vehicle Code Matters

When something is called "vehicle code," it's not some special cipher or passcode you can use to instantly defeat your enemies. It's actually another term for state traffic laws, which are useful references as to determine if particular elements of your case are actually strong enough to support you.

  • check
    These can be obtained through your local Department of Motor Vehicles branch as "Rules on the Road" digests that are easy to understand.
  • check
    Sometimes, these rules tend to be tricky, as some states are no-fault states. This means insurance companies are automatically in charge of making sure there is adequate compensation for all parties who suffered damages or injuries regardless of whose fault the incident was.

Understand the Basics of Fault 

Car accidents are very unpredictable and very life-threatening at the same time, which is perhaps part of the reasons why car accidents aren't easy to resolve not just from a medical perspective, but from a legal and financial aspect as well. Not only should the injured parties be given time to recover and heal, but they should be given adequate compensation for what's happened to them. As this article may have pointed out, determining the fault of the accident - and, therefore, who gets to pay who - can be tricky depending on the situation at hand. However, understanding just how a fault in car accidents work can shed light to just why these things have to be settled in quite the delicate manner.

Leave a Comment: