Car Accident: Determining Fault by Location of Damage


Well, it happened, you got in a car accident. You know that you are not at fault for the accident, but when you get out of your car to go talk with the other driver, they are convinced that it is all your fault. It is important in these moments to stay calm and not to admit to doing anything, but instead let the police, your insurance company or a judge determine who was at fault.

There are many factors to be considered in review of the accident to determine which driver was the cause of the accident, or if it was either of the driver’s faults, or both. One of the factors in determining fault is the location of the damage on the vehicle. Based off the rules of the road and the shape, size and quantity of the damage to the vehicle, fault can be determined. However, fault is rarely determined off of this factor alone.

If you end up filing a car accident lawsuit and going to court, the judge will use this determining factor, as well as many others, in discovering who should be held responsible. If you or someone you know has been involved in an accident and need to find a car accident lawyer in Phoenix, please do not hesitate. The sooner you take action the better.

What Should I Do After I’ve Been in an Accident?

Assuming that someone has already contacted the police, in the days following your car accident you should obtain a copy of the accident report, which they will have prepared. Then, you should reach out to your insurance company to obtain a property damage valuation to assess the potential costs covering the damage done to your vehicle.

After taking these initial steps, you should record any damage that has been done to you or your vehicle, and this includes physical symptoms. If at all possible, you should obtain any medical documents, analyses, or treatments. Also, keep note of any out of pocket expenses that you’ve incurred and record any missed workdays or pay periods as a result of the accident.

Be sure not to accept any insurance-based settlements before contacting a car accident lawyer in phoenix. You will want to make sure that you hire a passionate attorney that has your best interests in mind and is not going to just treat you case as another case they have to deal with. Jared E. Everton and his personal injury team have helped hundreds of accident victims across the state receive compensation and recover damages, you could be next.

Determining Who is at Fault Based off of Location of Damage

Auto-accidents require evaluation and assessment of damages to determine who is at fault. Car insurance, in most states, operates on fault-based records. Should the instance arise that you are victim to an auto-accident, it’s likely that the car accident determining fault by location of damage should be applied.

For example, if you were making a left-hand turn, and were hit on the side by someone running a red light, or experienced damage from a similar axle while pulling out of your driveway, it’s relatively easy in most cases for the fault to be determined by location of damage to the vehicles involved.

Most of the time, in these lesser-detailed incidents, fault is proven by front-end damage to the vehicle. The assessment also takes into account any weather conditions, automotive technical difficulties, the state of the driver at fault, and other conditions.

How Will My Claim Be Assessed?

If you find yourself victim to an accident, and know that you are not at fault, the first thing to keep in mind is to not take the blame for any damages done while you are still at the scene of the accident. It’s always a good idea for you to contact your insurance provider, even if you are not liable for the accident, to ensure that you are being treated fairly throughout the insurance and liability process.

Your claim will be assessed based on the location of damages, damages done, personal injury records, and circumstances surrounding the incident itself. Your insurance company will assess any of the damages done to your vehicle and will evaluate the series of events leading up to the accident based on evidence provided.

In this situations, it is wise to get a phoenix car accident attorney involved as soon as possible. The attorney will step in to ensure that your filed claims are being properly assessed and that you, as a victim of an auto-accident, are being fully addressed and tended to.

Call our Personal Injury team at (480) 467-4392 to discuss your case today.

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