Whose Fault Was It? What You Need To Know About Car Accidents

You’re cruising down the road with the windows open and a little music playing. It’s a nice, breezy day, and you’re having a good time when a sudden jolt snaps you back to reality. Maybe you rear-ended someone, or you were the victim of another driver’s mistake, but what’s certain is that there’s a damaged car or two, plus possible injuries. But you most definitely don’t want to pay for any of it.

Most car accidents are accompanied by a flurry of questions: whose fault was it? Who will pay my medical bills? Who will pay for damages? What about all the pain I went through? While it’s common for one driver to be completely at fault, many times all involved parties share a little of the blame, and finding out exactly who did what can be quite the ordeal. So what do you do?

Talk to An Experienced Car Accident Lawyer

Sure, the police may be competent enough to collect witness statements and review the relevant traffic footage, but you’ll need someone who can take all the evidence and make sure any medical bills and damages you’ve suffered are covered. Additionally, the insurance world can be extremely complicated, and a lawyer will be able to guide you through the labyrinth of legal jargon and lengthy forms.

At our law offices, Deborah Gold-Alexander, Attorney at Law, is vastly experienced and ready to help you navigate these murky waters with ease.

Determining Fault

Now that you’ve got a pro in your corner, let’s get ready for the fight. You’ve been hurt and your car is damaged. How do you determine who caused the accident?

Determining fault is usually a matter of identifying who was ‘negligent’. You see, every driver has a legal duty to operate their vehicle with reasonable care, and if they fail in this duty and cause an accident, they are considered negligent and liable for any resulting damages.

So if it’s determined that the accident was 100% your fault, you’ll be forced to cover all the damages as well as medical bills. If it was the other party’s fault, they will be held responsible for any property damages and injuries that may have occurred.

Sometimes It’s Not That Simple

A lot of accidents are caused by the negligence of more than one party, and they usually require the input of the police, insurance companies, and the courts to determine fault. These parties will investigate the accident and draw conclusions from the information they collect. And this is why you’ll definitely need a car accident lawyer.

The police officer will interview any drivers and witnesses, and once the officer collects enough information, they will submit a report to their department. The report may say who was at fault, but that doesn’t automatically mean the person will be held legally responsible for damages.

Once you’ve filed a claim with the insurance company, they will assign your case to an adjustor who will oversee the investigation and settlement of the claim. An investigation will follow shortly, from talking to witnesses and looking at medical reports to examining vehicle damage and verifying details about the insurance policies of the involved parties.

In the end, the insurer will also determine who was at fault, assigning a percentage of fault to each of the involved parties.

If your case gets to court, then the court will look at all the evidence presented, including testimonies from the drivers, witnesses, police and any other relevant experts. The judge or jury then determines who was negligent in their duty.

Wrapping Up

There are a lot of legal hoops you’ll have to jump through before your car accident claims are covered, and it can all be a daunting process for anyone with no legal background. But with an experienced Massachusetts car accident lawyer by your side, you will at least have a fighting chance. At the office of Deborah Gold-Alexander, Attorney at Law, our lawyer has over 30 years’ experience and is ready to help you with your accident claim. Call Deborah Gold-Alexander, Attorney at Law today to set up your free consultation.