How To Determine Fault When Filing A Car Accident Claim?

Before a personal injury case gets heard in a courtroom, insurance companies have the largest say, regarding who might be found at fault for a given accident. Once the same case gets to court, the judge and jury consider several different factors, when seeking to determine which party should be held responsible for any given accident.

The court looks at multiple forms of evidence:

• Investigators search for any evidence of skid marks on the road, or tire imprints in the mud/dirt.
• Investigators also look at each of the involved vehicles. Is there any evidence of paint on one or more of them?
• Do any of the same vehicles have a damaged bumper or a damaged fender?
• What do hospital documents reveal about who might have been responsible for the accident? Can any clue be found in statements made to the first responders?
• Those that must determine who should be held responsible might study a computer-aided reconstruction of the collision.
• Testimonies from various witnesses can serve as a valuable piece of evidence.
• Photographs taken at the site of the collision help to reveal who ought to be held accountable for the resulting losses.
• The most obvious source of useful evidence is the police report.

The rules of the road can serve as a type of evidence for the personal injury lawyers in Sarnia. Those that must name the driver-at-fault need to consider which laws apply to the present situation, the one that existed at the time of the accident.

Why it becomes necessary to study the actions of the victim, during the minutes leading up to the collision?

In some cases, the victim has contributed to the list of possible causes. A defendant that hopes to prove the existence of such contributory negligence should hire a lawyer. A lawyer’s guidance can aid with any effort that is aimed at showcasing such behavior.

If it can be proven that the victim did, indeed, carry out some form of contributory negligence, then that same victim needs to suffer the consequences. Victims can be penalized for their actions when a judge reduces the size of the victim’s reward. The extent of the reduction should equal the percentage of the contributory factors that caused the collision.

The introduction of dash cams has aided the effort to determine what happened just before a given collision took place. Footage captured by the dash cam helps to remove the need for speculation, during a determination of the person to be held liable for any one of multiple accidents.

Smart investigators understand when a camera is working, and when it is not. Once the ignition has been engaged, the camera starts working. It does not work during the interval prior to that specific instant.