Thomas Carroll Blauvelt

How to establish fault in a car accident

A lot goes into determining fault after a car crash. However, while sometimes fault is easy to determine, especially if another driver rear-ends your car, other times it may not be easy. In such a case, if the other party doesn’t admit fault, you may have to go to court to hash out all the details of the accident.

Here are some ways you can determine fault after a car crash in New Jersey.

Use the police report

The police report will determine who is at fault during the investigation. Because neither insurance company wants to be held liable for the crash’s costs, the police report will be carefully examined by both parties as an objective source.

Collect evidence

Following a car accident, collecting as much evidence as possible is critical. This includes driver’s admissions, photos of the accident scene (pictures of each vehicle involved) and witness statements.

Insurance policies

Specific provisions in insurance policies may specify who is at fault in an accident. Therefore, ensure you understand your rights and responsibilities by reviewing your insurance policy and applicable state laws.

Traffic laws applying to the scene of the accident:

Traffic laws are in place to help ensure the safety of all road users. Therefore, if the other driver violated any traffic laws, they may be held liable for the crash. Take note of any speed limit signs, stop signs, school zones or “no turn” signs in the area where the accident occurred.

Admission of fault

Sometimes, drivers may admit fault after a car accident. This could be because the accident was their fault, or they may have thought it was their fault. A driver may admit fault for a car crash if they apologize for the crash or when they use statements like “I didn’t see you.”

Overall, determining fault in a car accident can be complex. Therefore, you should consider seeking legal advice when pursuing compensation for damages.  

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