One of the most crucial aspects of an insurance claim is determining who was at fault in an accident. Once you’ve received medical attention following an accident, you should ascertain who was at fault as soon as you can. Because of this, you will either receive compensation for your losses from the at-fault driver or you will be required to cover his losses out of pocket. No one wants to be at fault, even though the specific situation will depend on the type of coverage you have. And for that reason, it frequently results in people trying to shift the blame or frame the other person.
But in Texas, a few laws govern everything, including who is responsible for accidents. So, if you’re curious about how the at-fault driver will be determined, keep reading to learn the factors that go into that decision.
What is a Fault Determination in an Accident?
The biggest concern following an accident is who will pay for the victim’s vehicle damage, medical expenses, and lost wages. The law logically places this responsibility on the driver who was at fault.
Simply put, identifying the accident victim and the person who caused it is the process of determining accident fault. It’s a fairly organized process, and a choice is made after considering the testimony, the evidence, and the statements of the two parties. Because they may be held liable in the event that their client was at fault, insurance companies are also particularly interested in these investigations.
Fault Determination Rules
In most of the US cities, automated traffic enforcement cameras are present on most roads. For instance, automated cameras positioned at regular intervals will take a picture of a car if it exceeds the speed limit that is set legally for that area.
Therefore, if any of the drivers had violated a traffic law prior to the collision, the authorities would be aware of it. If you broke a traffic rule before the accident, the record will be used against you in the investigation and will work against you greatly, especially if there were no cameras in the area where the accident happened. To determine who is more likely to have caused the accident, the aforementioned criteria are used to understand the driver’s typical driving style.
Finding the At-Fault Driver
If there is no CCTV footage of the collision, it can be difficult to determine who was at fault. Here are a few methods for identifying the fault in this scenario.
Detective Reports
Police reports are a great resource for determining who caused the accident. When the accident scene is still new and undisturbed, the police are among the first to investigate it. The main focus of the investigation is on the cars’ and drivers’ when they were discovered conditions as well as the witness statements. The police report has a significant impact on the decision in these cases.
Traffic Laws
One of the main reasons for accidents is the violation of traffic laws. For instance, if a driver exceeded the speed limit set by the law, it could result in an accident. The neighborhood traffic police and traffic control department provided this data. Sometimes, even a small diversion can result in a collision. In this case, traffic police who are well-versed in all driving regulations could assist the police in determining whose error caused the accident.
Rear-end Collisions
Read-end collisions occur when one car rear-ends another. It’s always the driver in the back’s fault in situations like this. You must maintain a specific separation from the vehicle in front of you in accordance with traffic laws. Thus, even if they suddenly applied the brakes, you would still have enough time to stop. It will be deemed your fault if you break the law because doing so may result in fatal accidents.
However, rear-end collisions also imply that the car in front was driving safely; it did not even suddenly apply the brakes, and yet you hit it. This might occur if you unintentionally accelerate the car or lose control of it. Either way, you are at fault.
Turning-related Accidents
Accidents involving vehicles trying to turn are fairly typical. First, the car turning in front of you might not have given the right signals. This might have caused the vehicle following it to collide with the front vehicle. In this instance, the driver making the turn will be held accountable. Second possibility is that the motorist who is about to make a turn has given all required signals. However, the car behind it ignored or missed it and kept going at the same speed, which caused a collision. The driver in the back will be held accountable in this situation.
Without the drivers themselves admitting what actually occurred, identifying the person at fault for the collision is pretty challenging. To get to the bottom of this, the authorities will need to keep looking for witnesses and supporting documentation.
Endnote
Determining who was at fault is primarily done so that the at-fault driver will learn his lesson and the victim will receive justice by having his expenses and losses covered. It’s best to call your insurer and ask for advice after an accident. Insurance companies consider these mishaps losses and will make every effort to identify the real culprit. When you have been falsely accused, that is the worst scenario. You have the full right to consult an accident lawyer Corpus Christi to sue in this situation.
