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How to Determine Car Accident Fault
It is never easy to determine car accident fault. A car accident claim is a usual occurrence in today’s congested roads and the safe driver should take the necessary precautions when involved in an accident. It is recommended that both cars or those involved in the accident remain stationary for the purposes of investigation. Police officers should be contacted immediately to further assist in the scene of the accident.
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It should be properly noted that car accident fault is not determined by the police alone, as the insurance investigators are in a better position to assess which party is at fault based on the evidence collected by the police. These would include witness and driver statements, photographs and other necessary information collected at the scene of the accident. It is therefore necessary to properly know how authorities determine car accident fault.
Driver Duty
Every person behind the wheel of a motorized vehicle has to perform specific driver duties for the safety and protection of fellow drivers and pedestrians. These are lookout, avoidance and following the rules of the road.
1. Lookout
It is important that the driver is paying attention to the road. Insurance adjusters will ask questions regarding the situation before the accident to properly determine if the driver was indeed paying attention to the surrounding area. Every person should be on the lookout when behind the wheel of a motorized vehicle.
2. Avoidance
A driver on the lookout will have the ability to avoid accidents, and this is evident during the vehicle’s position after the crash. Every driver should attempt to avoid the accident, no matter who is at fault or wrong in the first place.
3. Rules of the Road
This is probably the most important aspect of driver duty, as the rules of the road should be followed at all times. Most accidents stem from driver negligence and disregarding speed limits or road signs. It is your duty as a driver to fully adhere to the various traffic laws and regulations in your state.
Breach
It is safe to say that if none of the above factors have been breached, then no fault could be determined on your part. But if one of the above mentioned driver duties has been breached, it may be possible to impose fault on either one of the involved parties.
Causation
The investigation will then try to establish a link between the breach of driver duties and the damage caused by the accident. This process is called causation.
Damages
This is the final step in determining who is at fault in the event of an accident, and could be composed of either property damage, bodily injury or a mixture of both. Remember that the damage inflicted would have to be directly related to the accident as a result of the breach of driver duty.
Insurance companies follow certain formats and procedures when determining fault in a traffic accident. It’s therefore necessary for every driver to be alert and practice defensive driving to avoid accidents.
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