I Was In a Car Accident, Who Was at Fault? 

 December 5, 2014

By  LMW Attorneys

Car accidents can happen when we least expect them, but if you do not know who was at fault, you could find yourself in a less-than-desirable situation. Determining who was at fault can change the course of the entire case, so it is important to take of the details of the accident into consideration.

How to Determine Who Was at Fault

Determining who was at fault in a car accident can be tricky, not to mention that sometimes the other party will try anything to avoid taking the blame. If you were in a car accident and are not sure who was at fault, here is what you can do:

  • Determine if either party broke any traffic laws: If you or the other party involved in the car accident violated a law or received a traffic citation, take note. If anyone has committed an infraction such as speeding, running a light, ignoring a traffic sign, or another infraction, then they will hold partial responsibility.
  • Take note of any comments made by the other driver after the accident has taken place: Sometimes the other driver can admit to their guilt inadvertently, so pay close attention to any comments they make. For example, if the other driver says something along the lines of, “I didn’t see you,” or if they apologize for hitting you, this may be considered an admission of guilt.
  • Talk to witnesses: In many instances, drivers will not want to admit they are at fault. Witnesses on the other hand, are generally unbiased and can give a more accurate account of what happened and who was at fault.
  • Consider driver negligence: A driver can be held at fault for a car accident if they were being negligent during the accident. Instances of negligence involve driving without the headlights on at night, failing to yield, or not wearing eyeglasses with bad eyesight.
  • Review footage if applicable: Sometimes a car accident will be caught on tape if the location has a functioning security camera. If possible, reviewing the footage may help determine who was at fault.
  • Take Photos or a video of the cars and the scene: Use your smart phone and get pictures before the cars are moved from the point of impact. Don’t be stingy – take lots of pictures of the scene, the damage to all vehicles and any debris or skid marks in the roadway. Hold on to them, and give them to your attorney.

Should I Hire an Attorney?

Whether or not you were at fault, car accidents can leave you with a mountain of legal issues on your hand. Wading through all of the legal verbiage can be confusing, so it is imperative to have a legal professional guide you through this trying time. The legal team at LMW Attorneys can aggressively defend your rights and get you the compensation you deserve. Click here to view all of the services we offer or schedule a free consultation with us today.