Once those involved in an accident have checked to make sure everyone involved in the accident is okay, the next step they take is to begin finger-pointing and cast blame. This happens because the at-fault drivers are held financially responsible for the damages they caused to the other car and any other damages for anyone in the other vehicle.
This means that the at-fault driver and their insurance company are financially responsible for costs such as repair bills, medical bills, and compensation for pain and suffering for all of the individuals involved in the accident. Due to the financial liability that falls on the at-fault driver, it is crucial for you to prove that you were the victim of the accident.
Whether you were in a minor fender bender or a serious collision, it is important to prove that the other driver was the at-fault driver. If you are unsure who was at fault, or if you are being blamed for an accident that you did not cause, contact JacksonWhite Law today to schedule a free case review for any Arizona case.
How is Fault Determined?
In a car accident, the at-fault driver is the one who caused the accident, and the police will use predetermined formulas and laws to determine who the at-fault driver is. For instance, Arizona laws indicate that drivers who rear-end someone or cause an accident while turning left are always the at-fault drivers.
The drivers in these instances are at fault because they had a duty to allow for more distance between themselves and the car in front of them, which would have provided them with adequate braking space. Or, when a driver is turning left, they are required to yield to oncoming traffic, and when they fail to do this, they are the ones who cause the accident.
When an accident isn’t a rear-end collision, nor does it involve someone turning left, it becomes much more difficult due determine who is at fault. Due to this, police officers will need to obtain as much information and evidence as possible to assist them in determining who the at-fault driver is.
Usually, police officers will do this by taking pictures of the scene, any damages to the cars, and obtaining written and verbal statements from anyone involved in the crash. Once a police officer has collected all of the background information and evidence they need, they will compile it into a police report that the insurance companies will use to determine who is at fault.
What to Do If You’re Wrongly Accused of Being the At-Fault Driver
Insurance companies are notorious for coming after individuals and blaming them for accidents they did not cause. If an insurance company or the police have wrongly accused you of being the at-fault driver, you will need to prove that you were not the at-fault driver.
Here are ways for you to prove that you were not the at-fault driver:
Look for Traffic Violations
If the other driver broke one or more traffic laws, it is easier to prove that their actions and negligence led to the accident. Some of the most common traffic violations to look for are disobeying the speed limit, running a red light, failing to yield, or operating a vehicle without working taillights.
If the other driver broke any traffic laws leading up to the accident, be sure to speak with an experienced personal injury attorney who can work with you and the insurance companies to prove that you were not at fault.
Once you have checked to make sure that everyone is alright, be sure to take pictures of all of the cars involved in the accident, any debris on the road, and the path leading up to the accident. All of these pictures can be used to prove your innocence.
Don’t Speak With An Insurance Company
After you have been involved in an accident, your adrenaline spikes, and it’s expected not to be thinking clearly. Due to this, be sure to avoid speaking with the other driver’s insurance company as they will try and get you to admit fault or admit to doing things that could have caused an accident.
If another insurance company contacts you, give them the number for your personal injury attorney and inform them that your attorney will answer any questions they have. Do not answer any questions or speak about the accident with an insurance company without first talking with your attorney.
Hire a Personal Injury Attorney in Arizona
After you have been in an accident, the first thing to do is to speak with a personal injury attorney who has experience dealing with insurance companies who look to blame others for their client’s actions. An attorney like Jared Everton can help you prove your innocence and ensure that ferocious insurance agents do not coerce you into admitting to something you did not do.
Call our Personal Injury team at (480) 467-4392 to discuss your case today.