Car accidents can cause more than just physical injuries and damage. They also lead to emotional and psychological distress, often leaving you traumatized. According to the National Safety Council, 22.8 million people were involved in a car accident, 65,100 of which were fatal in 2022. In the event of an accident for which you were not responsible, it is essential to be aware of the immediate actions you should take in such a situation.
Understanding Fault in a Car Accident
Determining fault in a car accident is crucial in understanding who is responsible for causing the collision. This requires thoroughly examining the actions of all parties involved to identify who may have violated traffic laws or acted negligently. Factors that are often considered in fault determination include the following:
- Speeding
- Driving Under the Influence
- Distracted Driving
- Failure to Follow Traffic Signs
- Tailgating
These factors, along with road conditions, driver behavior, weather conditions, and traffic signals, are crucial in determining fault in car accidents. Understanding these factors is essential in proving liability in car accident cases.
What You Should Do to Determine Fault
If you are certain that you were not at fault for the car accident, it is reasonable to seek compensation for all resulting damages. However, before moving forward, it is crucial to establish who is at fault. Here are the steps you need to take to support your claim:
- Seek Medical Treatment: Regardless of the severity of your injuries, getting medical treatment is important because the medical records can serve as proof when you file a claim.
- Contact the Authorities: Involving the authorities is another crucial factor in helping determine fault, as their reports can support your case.
- Take Photos or Videos: Take photos or videos of your injuries and the damages on both your and the person at fault’s vehicle to serve as evidence.
- Surveillance Footage: Acquiring footage from the location of the accident can help determine fault by showing the exact events and potentially identifying who should be held liable.
- Eyewitness Statements: Getting statements from individuals present during the accident can also help your case. However, this must be done promptly while the incident is still fresh in their memory.
- Contact a Seasoned Car Accident Lawyer: Seeking advice from an experienced lawyer can help you understand the steps needed for your case. They will also represent you legally to help you get compensation.
Differences Between No-Fault and Fault States
Living in a no-fault or fault state affects how you handle an accident claim. It determines who is responsible for covering damages and medical bills and if you can seek legal recourse against the other driver.
No-Fault
In states with no-fault insurance systems, each driver’s insurance provider is responsible for covering their medical expenses and other damages, regardless of who was at fault in the accident. The ability to sue the other driver is usually limited unless the injuries are severe or the medical expenses surpass a certain threshold.
Fault
In states with at-fault insurance systems, the driver responsible for causing an accident is liable for covering the damages suffered by the other parties involved. In such cases, individuals who have sustained injuries can choose to file a claim with their insurance provider, seek compensation from the insurance company of the at-fault driver, or take legal action by suing the at-fault driver directly.
Seek Legal Guidance from an Experienced Car Accident Attorney
You do not necessarily intend to get involved in a car accident while on the road. Hence, you have little to no time to react if you are in one, which can leave you panicked and disoriented.
That is where our seasoned Henderson car accident attorneys can step in and assist. With years of experience handling car accident cases, we can provide effective strategies and exceptional legal representation to ensure you get the justice you deserve. If you need guidance after the car accident, please schedule a free consultation with one of our Henderson car accident lawyers to discuss how we can help you. Call us at 702-405-6000 today!