How Is Fault Determined in Car Accidents?

Car accidents have a devastating impact on your life, as victims often find themselves overwhelmed by severe injuries and all the medical expenses needed for treatment. Seeking compensation through a personal injury claim is often your best option in this scenario, rather than paying out of pocket for your injuries. 

Proving fault will allow you to receive a good settlement. Unfortunately, this step isn’t always so easy. You might think it’s obvious that your damages were caused by the other driver, but you’ll need evidence to convince the insurance company. Here’s how to prove fault after a car accident with the lawyers at Gross & Schuster, P.A. 

Police Report

A police report is crucial in determining fault, so it should be one of the first steps you take to recovery. It contains an accurate description of the circumstances, the details, and the way your vehicle was hit due to negligence. The extent and location of vehicle damage will be included, too.

It will also contain an officer’s opinion on who can be held liable for what happened, and if external factors that could have contributed to the crash, such as alcohol, drugs, or distracted driving were the main reason behind it. 

Medical Records

Seeking medical attention immediately after an accident will be beneficial for your health, and also for your settlement. Your injuries tell a story, and obtaining documentation that can prove how they’re the result of a crash can help you establish liability.

If the insurance company refuses to cooperate and denies your claim, you can ask your doctor to include a statement that indicates how your conditions are directly linked to the events that transpired. 

Witness Testimony

Another important element used to determine fault is eyewitness testimony. Neutral third parties who can accurately describe what led to the collision can testify on your behalf if your case goes to trial, and this will make it considerably harder for adjusters to put the blame on you for an accident. 

You may also seek out expert witnesses. These are people who didn’t see the accident, but who have tools or skills to help you prove your case. For example, you may seek out a doctor’s opinion on the severity of your injuries. 

Insurance Companies Conduct Their Own Investigation

Before establishing who can be held liable and proceeding with offers, insurance companies conduct their own investigation to understand who’s negligent. Sadly, this is not done with your best interests in mind, as adjusters take an interest in your case primarily to see how they can dismiss it or diminish its value. 

Because of this, you and your lawyer may conduct your own investigation and gather all the evidence that can back up your claim. Trusting businesses that have profits as a priority will be detrimental to your finances and make it harder to recover. 

Determine Fault with a Car Accident Lawyer’s Aid 

Car accident cases can be complicated, and determining who’s at fault can be a daunting process. That’s not to mention how the insurance company could contradict your version of the facts in the hopes of making you accept a lowball offer. But you don’t have to deal with the claims process alone. 

At Gross & Schuster, P.A., our attorneys can conduct their own investigation on your behalf while you focus exclusively on your recovery. Thanks to our experience, we have the tools to act fast to get you compensated. Connect with a knowledgeable lawyer today by calling 850-434-3333 or filling out the online contact form to schedule your free consultation.