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Determining Who is at Fault in a Car Accident

Immediately after a car accident determining who’s at fault is the key to proving negligence. Negligence is failure to use reasonable care, resulting in damage or injury to another. Being able to prove who is at fault will determine the responsible parties obligation. Each case varies depending on the evidence provided at the time of the accident. Some of the evidence provided such as police reports, witness statement, photographs, medical records and citations are all useful information that helps determine who should be held responsible.

Drivers who follow too closely are determined to be at fault in most accidents. One the most common types of accidents is rear-end. According to reports from the National Highway Traffic Safety Administration (NHTSA), out of 6 million car accidents that occur on U.S. roads every year, over 40% of them (2.5 million) are rear-end collisions. A rear-end collision happens when a car hits you directly from behind. Automatically, this type of accident is classified as careless driving.  Due to the drivers negligence, responsibility is always placed on the rear end driver. They are considered the at fault party because of their failure to stop safely.

Another type of accident is left turn accidents. The general left turn law states left turn drivers shall yield to oncoming traffic. Left turn accidents result when cars making a left turn into an intersection of oncoming traffic. The car going straight through the intersection is hit by a car turning left. The driver making the left turn is responsible since they do not have the right of way. Therefore, in most cases the left turn driver acted with negligence and is held responsible for the accident.

Also, another factor used to determine who is at fault in a car accident is called point of impact. Point of impact is determined by the collision claims and vary.  The location of damages will help provide proof in determining who’s at fault. One of the most common point of impact is side impact also known as a t-bone accident. A t-bone accident occurs when the front of a car collides into another vehicle side or  any angle. Most often the main cause of t-bone accidents are due to the negligence of drivers who failed to yield or stopped at a traffic light.

Determining who is at fault may not be easy at the onset of an accident. However, our experienced attorneys at Darfoor Law Firm have handled countless accidents and are skilled at determining fault in car accidents. As an experienced Broward county personal injury attorneys, Darfoor Law Firm will help assist you with your insurance claims, medical bills, and compensation. We are your voice and will fight for you in your personal injury lawsuit. In most cases, the at fault party insurance company is considered liable for the damages caused in a car accident. Call us at 1-833 DARFOOR (327-3667) for a consultation today.

 

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