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Determining fault after an auto accident

Not all automobile accidents are cut and dried. Many times, the parties involved in an auto accident will argue over who is actually at fault for the event. Although there are certain cases in which accident liability is easily determined, occasionally other measures of the accident investigation are necessary to properly identify the responsible party.

Automobile accident liability or fault is typically determined simply by identifying the negligent or careless driver. This determination can often times be made by identifying whether or not a traffic law was violated. While each state has specific rules that drivers are intended to use as guidelines for behavior on the road, these rules if broken can be used to assign fault.

Violating the speed limit, following too closely or even a U-turn violation may be used to determine liability. Occasionally, the type of accident itself is enough to establish responsibility. When one driver rear ends another driver, the fault is usually assigned to the driver that rear ended the other vehicle. Traffic laws are designed to give drivers enough time to safely stop before colliding with the driver in front of them. In the event a driver is following too closely hence violating a traffic law, they are responsible for the subsequent accident.

There are several other situations in which automatic liability may be established. However, in the event traffic laws were not violated or fault cannot be clearly established, accident investigation techniques may be used to assign liability. Typically, authorities are able to identify these situations and make the appropriate arrangements for a crash investigation.

If you have been involved in an accident and are concerned with establishing liability or wish to proceed with a personal injury claim, speaking to an attorney may help you with your case. An attorney can work with authorities and crash investigation specialists to help support your liability claim.


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