Legal Guide

How to find that who is guilty in a Car Accident?

It is sometimes become difficult and tricky to determine who is guilty in a car accident. Sometimes it becomes a confusing situation that is the actual guilty person and who is to blame by law. determining who is to blame will entail consequences on whose insurance will pay the damage to the vehicle and belongings, and which driver is held liable for the damage and personal injuries.

As a rule, the driver who is responsible for the accident (and therefore the insurance carrier of that driver) will have to pay the penalties and damages caused by the accident. Although, the system of determining the fault is complicated in some states, according to which a percentage of the responsibility can be assigned to both drivers who were involved in the occurrence or failure to avoid an accident. This may consider both parties liable for the accident and different monetary obligations would be implemented to them and their respective insurance companies.

In many cases, the driver who is violating the rules of traffic will be held liable for the car accident that has occurred. If one of the drivers is indicated speeding, mileage, or other violation, who is likely to be mostly blamed and will take on the heaviest burden of responsibility of the accident. Notably, this is not a final word or universal truth. For instance, a driver who drives through various lanes of traffic to take a turn, resulting in the cars behind his car to slam on their breaks. One driver who does not have time to hit a break in time, the rear end of another car. Whereas the accident was caused mainly by a reckless turn on the lane of the first driver to which you can refer, the driver who did not have time to stop in time will be mainly to blame (and may also be seen for following too closely). Rear vehicles are usually in a better position to save from an accident and will usually be to blame in the event of an accident, even if it is happened due to another’s fault.

If you want to support your claim or defense for not accused of guilty, you need to collect evidence from the place of the incident immediately. Write down every statement given by other drivers after the incident. Most of the police reports and insurance claims mention the guilty pleas of one driver (often unintentional) after an accident, and this can be of no value in the court. If one driver is admitting his mistake by saying words like, “sorry to hit you” or “I haven’t seen you” try to give him all the blame for the accident.

If there were any witnesses to an accident, they will usually have a definite opinion of who was at fault in the accident, irrespective of the traffic laws or who the police will ultimately call. Write down the names and contact numbers of the witnesses and ask them to tell about their incident, including that what is the reason for which they believe that which driver is at fault.

The final determination of who is to blame will be made on the driver’s assumptions, police report, witness’s statement, and well-grounded arguments from a judge and or jury. However, if you can make a strong case for fault, you can often settle the case long before the court decides on the merits.

Therefore, if you or anyone you know has been injured or suffered any material damage in a car accident, regardless of whether you/they are accused of an accident or not, it makes sense to immediately contact a car accident lawyer who is expert in personal injury law. most of these lawyers don’t charge an initial fee for consultation, and as a rule, they charge a fee for in case of unforeseen circumstances, that is, you do not pay out of your pocket, but share some percentage of your compensation amount with the lawyer when you receive a satisfactory settlement or agreement from the court.

So, if you get injured in a car accident in Houston, it would be a wise decision to hire an expert Houston Car accident Lawyer because he is the only one who will work for your interest and ensures that you receive the amount of settlement you deserve.


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