How Is Fault Determined After a Crash?

After a crash, several issues are likely to be on your mind. The damage to your car is likely first, followed by any pain or injury you feel in your body. If you are lucky to walk away from the scene with minimal injuries, take it as a win. However, you should probably still get checked out at a medical facility to ensure you do not have anything underlying going on.

If you live in an at-fault state, something that may weigh on you is whether or not you or the other driver will be held responsible for causing the crash. As a Philadelphia car accident lawyer from a law office like Wieand Law Firm, LLC, can explain, this decision will impact many things, including whose insurance policy will pay for the crash. Get a general idea of how fault is determined.

What Kind of Crash Was It?

Some fault accidents are easier to determine than others. The most common is a rear-end collision. In this type of crash, the car behind is almost always charged with fault. This is because the rear driver’s responsibility is to leave enough braking room between it and the car in front. Therefore, when a rear impact occurs, it is usually because there was not enough space for the driver to stop.

Did Someone Admit Fault?

When you got out of your vehicle to assess the damage and the other person’s injuries, did you apologize? Did the other driver? When the police arrived on the scene, did you or the other driver admit to causing the crash? In some situations, a simple apology may be all the police need to find guilt. Unfortunately, it is considered an admission, and once it is made, it isn’t easy to come back from. If you admit that the crash is your fault and it is not, you may need to go through a lot to prove the opposite.

What About the Recorded Statement?

The insurance company will want to get a full account of the events of the accident. This recorded statement is taken over the phone and recorded for use in both the investigation and any related court action. The adjuster from both insurance companies will want to complete this interview soon after the accident. However, it is important to note that neither insurance company wants to be found liable and may try to trip you up. The information given in this recorded statement is used to decide who was at fault.

Before giving the recorded statement, you may want to get some guidance. A personal injury lawyer is an excellent resource and ally in a fight to challenge your liability in an accident.

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