How to Tell Who is at Fault in a Car Accident?

How to tell who is at fault in a car accident? A party at fault in a car accident is found to be so through negligence, determined by examining evidence such as police reports, physical evidence, witness testimony, and digital or video evidence.

When you’re involved in an accident, it can be difficult to know who is to blame. The answers aren’t always obvious. At Carrigan & Anderson, PLLC, your car accident lawyer in Corpus Christi works to help accident victims by uncovering the real causes of car accidents. They’ll help you seek compensation if others were responsible for your damages.

Negligence as a Key Consideration When Determining Who is at Fault in a Car Accident

Accidents usually happen because someone wasn’t as careful as they should have been. The standard of care, also known as the duty of care, covers basics such as observing traffic laws, being alert to one’s surroundings, and refraining from driving when unfit to do so. To demonstrate who was at fault in a car accident, your attorney must:

• Show that other drivers had a duty of care
• Demonstrate that they failed in observing that duty
• Show how that failure caused or contributed to an accident
• Link your damages directly to the accident

Since Texas is not a no-fault state for car accidents, presenting strong evidence that supports each of these points is key to recovering compensation after being injured in a car accident. An experienced attorney from Carrigan & Anderson, PLLC will examine your case to help you understand your legal options.

The Importance of Police Reports in Car Accident Cases

Police reports present the basic facts about an accident. Officers will identify who was involved, take statements, and gather evidence on the scene. As professional assessments, police reports often provide a starting point for investigation.

People are less able to change their stories later on; insurance adjusters will consult them when processing claims, and the evidence they record can help your attorneys at Carrigan & Anderson, PLLC support legal action. However, police reports are subject to limitations.

To begin with, they aren’t a final verdict. Police may present an opinion on fault, but deeper investigation sometimes leads to a different finding. Secondly, police reports can contain inaccuracies and missed details. Nevertheless, it’s important to know how to get a crash report in Corpus Christi, as it will contain key evidence.

Physical Evidence and How to Tell Who is at Fault in a Car Accident

The interpretation of physical evidence is often an important element legal professionals use to tell who is at fault in a car accident. It includes:

• Vehicle damage indicates the angle and force of impact.
• Roadway markings show how people reacted to an impending hazard and vehicle trajectories during an accident.
• Interior cabin evidence, such as deployed airbags, shows how an impact affected a vehicle’s occupants and even what they were doing at the time of the crash.
• Debris fields indicate points and force of impact.

Taken together, physical evidence can be hard to interpret at a glance. At Carrigan & Anderson, PLLC, we have access to a network of experts who study physical evidence and use it to model how the crash occurred.

Witness Testimony as Evidence in Car Accident Cases

Witness testimony can be very helpful when determining who is at fault in a car accident, but it can be unreliable, too. A reliable witness is impartial, had a clear view of the crash, was focused on the road, and presents a story that doesn’t change over time. Witness testimony is open to challenges when:

• Memories become blurred due to the passage of time
• The witness did not have a clear view of what happened
• There is a degree of bias due to personal involvement
• Several different accounts result in conflicting stories
• A witness account changes or is inconsistent

In general, it helps to revisit witness accounts as soon as possible after an accident. Their memories are still fresh, and they are more likely to be sure about what they saw. An attorney from Carrigan & Anderson, PLLC will usually interview witnesses as soon as possible after they begin working on your case.

How We Use Digital Evidence in Today’s Car Accident Cases

Modern vehicles often gather a great deal of digital evidence that helps us to understand who is at fault in a car accident. Sources of digital evidence include:

• Event data recorders (EDRs): In today’s world, EDR-supported vehicles are the rule rather than the exception. They record details like vehicle speed, braking, and steering.
• Infotainment and telematics systems: Here, we can find information on GPS coordinates and touchscreen activity. It may prove useful when there’s cause to believe a person was distracted by vehicle controls while driving.
• Smartphone forensics: Studies assessing smartphone use while driving show that smartphone use distracts drivers and often contributes to accidents.
• Wearable devices: Devices that track biometric data, such as movement and heart rate, provide information about people’s physical condition during an accident.

Gathering and preserving all this evidence requires thoroughness and timely action. Your attorney from  Carrigan & Anderson, PLLC will know what data to look for and where it might be found.

Video Footage is a Particularly Helpful Way to Tell Who Was at Fault in a Car Accident

While witness accounts often change over time, seeing is believing. Although video footage may not present a complete picture of what occurred, it can provide valuable clues about who was at fault.

It comes from dashcams, bystanders, security systems, and traffic cameras. Video footage is seldom stored indefinitely, so your lawyer must act fast to identify potential sources and preserve the evidence.

By collating video footage with other forms of evidence, Carrigan & Anderson, PLLC’s attorneys can build a strong case that’s less open to argument. Involving a lawyer as soon as possible after an accident can help strengthen your case. They work to preserve evidence that might otherwise have been destroyed.

Call Us For a Free Consultation

At Carrigan & Anderson, PLLC, we know that taking care of your health after being injured in an accident is your priority. The financial costs of your accident, though important, should not concern you right now. However, they are real, and your injuries and their associated expenses can affect you for years to come.

Consulting us to discover who was at fault in a car accident and determine what forms of financial relief may be available to you is free of charge. Get direct access to your attorney from the very first consultation. Whatever your situation, we are here for you. Call us today.