Car accidents are very common scenarios nowadays. Every day, you might hear about at least one car accident. Car accidents cause serious damage to the vehicles in one hand and severe injuries of the drivers and the passengers.
Fault determination is essential after any car accident happens. But most people often get confused about whether the fault can be determined by car accident damages or not. This article provides a clear understanding of this issue. So let’s have a look at the following sections.
Why Is Fault Determination Important for A Car Accident Claim?
In any kinds of vehicle collisions or accidents, not only car accidents, fault determination is one of the most important things for both parties. The fault determination process ensures the jury board about who is actually at fault for the accident and who should receive compensation. To gather sufficient evidence of the accident, you must need to determine fault.
If you do not determine fault or collect enough evidence, there is every possibility to lose your right to claim for your compensation. The car insurance company of other drivers will try their best to convince the jury that you are responsible for causing the accident if you lack enough evidence. Then, you might lose the chance to claim reparations for your loss.
Again, you will lose the possibility to claim compensation, but you might also get caught as the only responsible person for the accident. And if so happens, you might need to pay compensation to the other driver instead of getting yours. In such cases, it’s best to consult abogados de accidentes en Miami as these legal professionals are the best personnel to analyze your case and help find out who was at fault. This way, you would be sure to get the compensation you deserve. So, that is why fault determination is very much crucial for car accident damage.
Can Fault Be Determined by Car Accident Damage?
Yes, car accident damage can help to determine the fault at a high rate. However, the investigation team or the persons in charge will investigate the reasons and fault of the accident and look into the damages that the car or cars have faced.
If the damage seems to be very severe, the car driver was driving in a very low speed and had enough control over the brake. By this, the investigators might guess that the person or the driver was not that much at fault for the accident; instead, he faced losses and needs compensation.
On the contrary, if the damage of any car is small, they might think that the driver was driving at high speed and lost control over his braking system. He was careless enough in the time of driving. This person is supposed to be at fault more for the accident, and he caused severe damage to another driver’s car.
Moreover, damage location also helps to determine fault in a car accident. For example, if you find any damage on one car in the passenger door section caused by the other car, it tells that the car’s driver is responsible or at fault for the accident. Again, it is because the driver might run the red light.
What Steps Can Be Taken in A Car Accident to Determine Fault and Damages?
According to the fault determination rules of each state, different types of damages can be found in a car accident based on what the investigators can decide who is at fault for the accident. They even follow some necessary steps to determine the faults and the damages in a car accident. Here goes a brief discourse on it:
- Firstly, they collect the reports on the accident from the police.
- They try to find out whether any video footage of the accident can be found or not.
- They visit the spot and collect necessary evidence.
- Gather medical copies from the persons who have injured.
- Talk to the witnesses.
- Ask for the information about the vehicle from the onboard system.
- Explore the information about the weather of that time and the date when the accident happened.
- Take bits of help from the accident reconstructionist for more proofs.
Why Is Taking Pictures So Important?
In any car accident issues, taking pictures is another important thing for all the concerned people, such as drivers of both parties, the investigators, the police, etc. This is because pictures contain strong evidence of the accident, the damage, and the fault.
Whenever any accidents happen, it is a duty to take necessary pictures of the accidental spot, damaged vehicles, surroundings, drivers and some people who witnessed the accident. It helps the investigators determine fault and the drivers to provide strong proofs supporting their claims.
Does Minor Damage Mean Minor Injury?
Not always. Minor damages do not always mean minor injury. Because, sometimes, minor damages can contain heavy and powerful forces that cause severe injuries. It is not always visible that how many severe consequences minor damage often can carry inside.
For example, people often consider older cars very poor and can be damaged very easily, which they often think of as minor because older cars seem to lose half of their work power as time passes. And now it is not that harmful. But wrong. Older cars often produce a heavy force that might cause little damage visible outside but severe injuries inside.
Safety equipment kept in the car can also cause serious injuries during a minor accident. Such as airbags. They are used to save lives in case of major accidents. But think about a minor accident or damage where an airbag gets deployed. How alarming it would be!
Finally, we conclude our discussion here. Perhaps you have got your answer to the question of whether damages can determine fault in a car accident damage or not. Yes, damages play a great role in determining fault in an accident. Never neglect or undermine any minor damages. They can often cause severe damages. Always drive carefully and stay safe.