The process of determining fault can be complicated depending on a variety of different factors. In certain situations, fault is immediately obvious. For instance, if it can be determined that the driver was involved in some form of distracted driving, the fault will probably be placed on that person. According to the NHTSA, distracted driving runs rampant in the US. Whether its phone usage, eating, conversing with passengers, or toying with the vehicle’s radio controls, distraction can lead to heightened risk of collision.
Distraction
In 2015, 3,477 people died and 391,000 were injured thanks to distracted driving. Many of us are guilty of this deadly habit. According to data collected by Zendrive, drivers use their phones 88 percent of the time. Thus, in many cases, the at-fault party is likely to have been distracted while driving.
Rear-End Collisions
As explained by Matthew A. Dolman, an attorney in Florida, it’s often presumed that, in a rear-end collision, the rear driver is at-fault. In certain states, such as Florida, this presumption stands, except in cases where the rear driver chooses to file a rebuttal. Proving that the front driver is at-fault is no simple task, as state law in Florida (and elsewhere) dictates that a driver must leave sufficient room between herself and the car in front – that is, enough room to stop without collision.
In order to prove you (the rear driver) were not at fault, you must provide sufficient evidence. In Florida, there are a number of situations where the front driver might be considered an at-fault party. They include:
- Suddenly changing lanes
- Unpredictably and suddenly stopping
- Having a broken brake light
Of course, these pertain to drivers in Florida, though similar provisions exist in other states. Thus, it’s a good idea to consult with a lawyer about your state’s laws.
Changing Lanes
A similar principal applies to changing lanes. In most cases, the person changing lanes is said to be responsible for any ensuing collision. But, as described above, this is not always the case. Thus, the driver changing lanes should not simply acquiesce. Once again, working with an experienced attorney can be a boon to your case, as a lawyer can help connect you to experts who specialize in reconstructing car accidents.
The driver not changing lanes may be considered at-fault if she is involved in certain risky behaviors, such as failing to turn on headlights in the dark, purposefully blocking the car changing lanes and, of course, speeding.
Collecting Evidence
Generally speaking, there are a few basic steps to follow when determining fault. As mentioned, it is of utmost importance to collect evidence after the collision. This means taking photos; collecting police and witness statements; and tracking down any footage of the accident. It also means noting any pertinent information. Was the other driver breaking the law? You may need to consult your state’s laws to figure this out. Also listen for statements from the other driver directly following the accident. In some cases, a driver will say, “I didn’t see you. I’m so sorry.” Statements like this could help support your argument.
As observed by the Karl Truman Law Office in Louisville, KY, fault isn’t always a question of ignorant drivers. For instance, an undertrained truck driver may not have received adequate training to prepare for high stress situations on the road. Or the roads themselves may be insufficiently maintained. For example, Tennessee is in the process of replacing 1,700 guardrails due to unnecessary fatalities caused by the faulty equipment.
If you have been in an automobile collision at no fault of your own, you may want to seek out the counsel of a skilled motor vehicle accident attorney near you.
