Insight

How is Fault Determined in a Car Accident

Our attorneys determine fault after a car accident by investigating the scene for signs of misconduct.

Charles V. Vaughan, Jr.

Charles V. Vaughan, Jr.

January 6, 2024 10:50 AM

Fortunately, the car accident attorneys in Indiana have your back. Vaughan & Vaughan brings several decades of combined personal injury experience to your case, fighting for your right to maximize your accident compensation. You can learn more about the car accident services we offer clients in need by scheduling a FREE case consultation with our team today.

Evidence Determines Car Accident Liability

Your right to hold a certain party liable for a car accident depends on your and an attorney’s ability to use evidence to hold that party accountable for your losses. This means that you need to go to an effort to gather that evidence when you first start compiling your personal injury claim.

The evidence that proves most relevant to your efforts to hold another party liable for your losses will depend on the nature of your car accident. You might, for example, be able to use a police report, statements from medical professionals, or even physical debris to establish fault. Some of the most commonly used forms of evidence include the following:

Videos And Photos Of Your Accident

There are a few different sources from which you can take videos or photos of your accident, including:

  • Ring cameras
  • Dash cams
  • Stoplight cameras
  • Storefront security cameras
  • Bystanders’ cellphone footage

These videos and photos can provide a judge with some of the most concrete evidence of another party’s liability, particularly if they caught footage of the party’s specific act of roadway negligence.

Some liable parties may attempt to claim that this footage inaccurately represents the nature of an accident, like images of a football game when referees try to determine if a player is out of bounds. That, however, is where an attorney comes in. We can rely on our professional network to verify any footage of negligence that we submit alongside your car accident claim.

Witness Statements

There are more likely than not people in the world who witnessed your recent car accident. It’s important, while you’re at the scene of the accident, to get those parties’ contact information in addition to the contact information you need to reach a liable party.

Witnesses can contribute their testimony to your case if you need help proving that another party’s negligence caused your crash.

Of course, there have been studies published by the American Psychological Association indicating that the longer you wait to call a bystander forward, the less accurate their memory of a car accident may be. Liable parties may cite that study to invalidate the statements your witnesses make regarding the negligence involved in your accident.

Fortunately, our attorneys can prepare a counterargument to those claims while finding additional evidence to back up the claims made by witnesses to your accident.

Expert Witness Testimony

Expert witnesses differ from standard witnesses in that they don’t have to directly see your accident when it takes place. Instead, these parties include professionals who can comment on the aftermath of your accident with a degree of expertise. For example, emergency responders who cared for you after a crash qualify as expert witnesses when describing your injuries.

Other expert witnesses who can positively contribute to your demand for car accident compensation can include accident recreationists, your general practitioner, and even auto mechanics. Vaughan & Vaughan’s car accident attorneys in Indiana can even call on our professional network to connect you with expert witnesses who can contribute to your case.

When To Factor Contracts Into Conversations About Car Accident Fault

There are rare occasions wherein evidence may not play the most powerful role in your effort to hold another party liable for a car accident. If you get into a car accident with a truck, for example, or an on-duty rideshare, the contracts that those parties have with relevant corporations may impact the question of accident liability.

For example, any employee operating a vehicle on a corporation’s behalf may have the right to divert fault for their roadway misconduct onto their employer. In other words, if you get into an accident with a truck driver delivering goods for a small business, you may have to hold that small business liable for your losses instead of that individual driver.

You can discuss what role, if any, contracts play in your case when you first meet with Indiana’s car accident lawyers.

Can Multiple Parties Assume Fault For An Indiana Car Accident?

Multiple parties may assume liability for an Indiana car accident. You can work with an attorney to divide fault between applicable parties based on the evidence of negligence you can bring forward from the accident scene.

Let An Attorney Help You Assign Fault After A Car Accident

Recovering damages after a car accident can prove challenging, particularly if you don’t know what kind of compensation to ask for. There’s no reason to guess what support you might deserve when taking a case to civil court. You can work with Indiana car accident lawyers to determine the value of your case and defend that value before a liable party.

Vaughan & Vaughan can help you do more than estimate the total value of your car accident compensation. We can help you get your case before a judge before your two-year statute of limitations, Indiana Code section 34-11-2-4, expires. We can even mediate between you and a liable party should the need arise.

Don’t let your car accident bills get the best of you. Call on Indiana’s car accident lawyers to represent your best interests today. You can contact us for a free case consultation by calling our offices or reaching out through Vaughan & Vaughan’s online contact form.

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