How is Fault Determined After a Car Accident

July 24th, 2015 Staff
Accidents

If you ask a person involved in a vehicular accident who was at fault, they’re most likely going to say, “the other guy.” It’s human nature to want to blame things on other people.

Well, accidents happen, and usually someone is at fault, but how is “fault” determined after an accident? Oftentimes people involved in an accident get temporarily stunned to the point where they’re not thinking straight. Police come by and, with a level head, write down the facts. Sometimes the facts will end up being disputed in court.

The answer to the question “who is at fault” lies in the police report. It plays a key role in determining fault. As a third-party, objective version of what happened, the police report is the official version of the accident– the one insurers look at when considering whose fault it was. The person at fault is responsible for paying damages.

In addition, fault can be determined by evidence gathered at the scene– photos, testimony from eyewitnesses, etc. Facts always outweigh opinion.

Insurance companies take statements from drivers, passengers, and witnesses. They look at photos from the scene if they’re available. Rules of the road, road conditions, and posted signs in the area are also considered.

Ultimately, fault must be proven by clear and convincing evidence. 4N6XPRT Systems makes accident reconstruction software that aids in determining the details of vehicular accidents. Lawyers and insurance companies often employ the use of 4N6XPRT’s precise software to help build their cases as it contains valuable, up-to-date information about vehicle data, crush data, ABG stiffness values, and more.

Written by Staff

Staff

Daniel W. Vomhof Ph.D. is the President and one of the original program developers for 4N6XPRT Systems. The product known as the 4N6XPRT BioMeknx® program was written by him and incorporates well over 10 feet of book shelf space as well as multiple hundreds of hours of internet searches for information SPECIFIC to the human body and the questions that come up in litigation regarding it, such as – strength of bone, walking speed, and vision cones.

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