Car accidents can occur within just seconds. And as things occur so quickly, a driver may not know what occurred or who caused the accident. But, it is important to determine fault in a car crash to meet insurance claim requirements. A reliable houston car accident attorney can help determine and prove fault in your accident. The following factors must be considered when determining fault in a car accident:
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Police Report
After a car accident, the police must be called to create a police report. Sometimes, damage to cars or bodily injury is not visible right after the accident and becomes evident later. Thus, there should be a written police report of the crash you were involved in. The report may include the officer’s opinion on who caused the accident.
The police will speak with drivers and witnesses to determine fault. But, not all police reports include a determination of fault. Also, even if the report states who could have caused the accident, the person in question is not automatically responsible for the damages you want to recover.
Accident Investigation
The police and insurance companies will use evidence at the crash scene to get clues on who caused the crash. This includes the locations of both vehicles, skid marks, lane markers on the road, stop signs, and traffic lights.
Photos and Videos
Fault for the accident can also be proven through photos and videos taken immediately after the accident. Make sure to take your photos or videos if possible.
Witness Accounts
The people who witnessed the accident may be able to give statements that can help determine fault. For instance, they may have seen the other driver texting while driving before the accident took place.
Drivers’ Statements
After a car accident, you will naturally want to apologize for what happened even if you did not cause it. But, if you do so, the other party of their insurance company may interpret it as an admission of fault. So, it is best to limit any talks with the other driver and witnesses to just exchanging basic information and recounting facts that you can remember when you give statements to the police. Wait until you can consult a lawyer before you give a statement to the insurance company.
Where Vehicle Damage is Located
Usually, evaluating the location of the damage on the cars involved can help establish fault. For instance, if you were involved in a rear-end collision, damages are shown on the front of one car and back of the other. Also, the paint scrape’s color and location can give information.