One of the most fundamental questions in settling claims and cases that arise out of car accidents is the issue of fault. This dramatically affects the parties involved including whose insurance will pay for the damages to the innocent party. In certain circumstances a driver can be subject to additional fines and even criminal charges. So what are the ways you can prove who is at fault? Here are three ways you can prove fault in car accidents.
The Pennsylvania Department of Motor Vehicles (DMV) is the primary authority on traffic and road violations in the state. They set out the rules all drivers are expected to abide by and are enforced by state and local police. All these rules are easily accessed through their website and violations of rules are a good way to prove fault. Many people recover in traffic accidents under the doctrine of negligence per se. This means that if a driver violated a traffic law, they are assumed to be negligent with no further proof needed from the innocent party.
While police don’t go to the scene of every car accident, they will often be there to assess the situation if there is an injury. The responding officer will file an incidence report that may contain his or her opinion on who was at fault. The report will detail the accident scene and any other pertinent information about the collision. This can be vital evidence in determining fault. Even if an officer did not originally respond to the accident, the department may later conduct an investigation into the accident.
Examine The Evidence
Memory is tricky. Have more physical evidence goes a long way to help determining fault. Taking pictures of your car is key after the accident is key to proving damage. You can also take pictures of the accident scene: perspective and different angles can help create a clear picture of who is at fault. Using other objects for perspective can help, as well. Road signs or other uniform objects can give whomever is analyzing the facts a bigger, more complete picture of the accident. Most people have smart phones now, and the camera on your phone can be a real lifesaver. If you don’t have a smartphone, put a small disposable camera in your glove compartment. Many insurance companies now have smart phone applications to guide you through a claims process and help you store vital information in determining fault.
Contact Purchase, George & Murphey P.C., The Top-Rated Personal Injury and Medical Malpractice Attorneys In Pennsylvania!
Here at Purchase, George & Murphey we have many years of experience helping Pennsylvanians understand their rights when harmed by the actions of others. We take pride in our personal touch, and always put our clients first. Contact us today for a consultation to see if our expertise can help resolve your case. If we aren’t the right fit for you, we’ll help you find the lawyer that is. Call us today for a free consultation or get in touch via our online contact form. We’re here to help!
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.