If you’ve had a crash, chances are you’ll be disoriented, and potentially in serious physical pain. However, if you can, you should try to take stock of your surroundings. Taking note of some key items at the accident scene may help you prove who was at fault for your collision later on.This is important, as you may need to pursue that individual for compensation.
In this post, we look at how experts determine liability following car accidents, and discuss some things you should keep in mind.
Figuring out who hit whom is really only half the battle; you’ll need to be able to prove it in court (or in pretrial negotiations) in order to hold the at-fault party liable. To do this, you’ll need hard evidence.
If you’ve had a car accident that has caused significant injuries or property damage, or that has caused an obstruction on the roadway, you’re legally required to contact the police. You must also remain at the scene until officers tell you when you can leave. If you fail to do this, you may be guilty of a hit-and-run offense, even if you didn’t cause the accident.This might seem like a hassle, but it will benefit you if there’s any doubt around liability for your collision.
The police will compile an accident report detailing all the relevant information about the accident. Officers are trained to pick out anything that might be helpful later on, even seemingly insignificant details.
After this report is officially filed, it will become available (on request) through the Pennsylvania State Police Crash Report portal. Your car accident attorney will be able to consult it for vital information regarding your accident and use this to show who was to blame.
If someone saw your accident, their statement can offer a valuable third-party perspective. Witnesses help confirm or contradict the stories given by the drivers involved.
It’s important to remember that eyewitnesses are under no obligation to help you. You may be distressed immediately following your accident, but you should try to be as calm and reasonable as possible when interacting with those who saw it.
If they tell you they don’t have time to wait for the police to come to the scene, don’t try to persuade them to stay; instead, respectfully ask them to share their contact details so that they might share their insights later on. This can be equally valuable when it comes to establishing liability.
Traffic cameras are a common sight in Philadelphia and its surrounding areas nowadays. Plus, dashcams and surveillance cameras are becoming more widespread all the time. If you can get clear footage of your crash or its aftermath from any one of these sources, this could be hugely helpful to your case.
Getting your hands on this footage may not be straightforward. You’ll need to get in contact with the owner of the relevant camera and request that they share the footage with you. If you’re not sure whether useful footage of your accident exists, or if you don’t know if you’ll be able to get it, you should discuss the situation with your lawyer.
If more direct methods of ascertaining fault are unavailable or inconclusive, you might need to rely on the input of an accident reconstruction expert. These specialists examine all available evidence and submit opinions on the causes of crashes, and the resulting liability.
The damage to the vehicles involved, as well as to the roadway and any surrounding signs and structures, may provide a lot of useful insights. Reconstruction specialists will look for different telltale indicators, depending on the type of accident they’re dealing with.
Most often, the driver of the vehicle in the rear position (the vehicle that drives into the back of the vehicle in front) will be at fault in these situations. This is because traffic laws require you to maintain a safe distance between you and the vehicle in front of you; even if the person ahead of you stops suddenly, you should generally have enough time to stop safely yourself.
These usually happen at intersections. The fault will usually lie with a driver who fails to yield, or who runs a stop sign or red light.
In these cases, reconstruction experts will look for evidence that one vehicle failed to stay in its lane, or signs that a vehicle attempted to merge in an unsafe way. Drivers who do one of these things will generally be at fault for resulting accidents.
It can be very difficult to accurately discern fault in cases involving multiple vehicles unless there is clear footage of the accident or reliable eyewitness testimony. Experts often rely on accident reconstruction technology in these cases.
There are software programs that use simulations and other forms of advanced technology to recreate crashes based on physical evidence, considering factors like:
Right-of-way rules are often useful to consider when it comes to figuring out who hit whom in an accident situation. Common right-of-way violations include:
If a driver violates a right-of-way law and hits another vehicle, they are usually considered at fault for the accident. Even in cases involving shared fault, a right-of-way breach by one party will generally force them to take a larger share of the blame.
Pennsylvania’s “choice no-fault” insurance rules are unique compared to those of other states. Here, drivers can pick between “limited tort” and “full tort” coverage.
If you have a limited tort policy, your insurance company will cover your medical expenses after an accident, regardless of who was at fault. However, with limited tort, you can’t claim pain and suffering damages unless your injuries are very severe.
In contrast, full tort coverage allows you to sue the at-fault party in your accident for the full extent of your damages, including noneconomic damages like pain and suffering.
Practically, the main difference between having a no-fault policy (limited tort) and not having one (full tort) is flexibility. With a no-fault policy, your insurance company covers your medical costs without requiring you to prove fault, which speeds up your claim. But, this also limits your right to sue for noneconomic damages unless the accident resulted in serious injuries.
Even with no-fault coverage, you might still need to file a personal injury lawsuit if your medical bills exceed your policy limits. In such a case, a lawsuit may allow you to recover the full amount of compensation you need to get your life back on track after your accident.
Keeping your wits about you in the moments after a car accident can be extremely difficult. However, knowing what evidence to collect and understanding basic fault principles can make life much easier for you when the time comes to file an insurance claim or personal injury lawsuit later on.
Police reports, witness statements, vehicle damage, and expert analysis can all play essential roles in determining fault in car collisions.
However, the most important step you can take in the wake of a road accident is getting in touch with an experienced, competent attorney. Contact The Cochran Firm in Philadelphia today to schedule a free initial consultation about your case. You can reach us via the contact form on our website, or over the phone at 800-969-4400.
