Sometimes, it is easy to tell who is responsible for a car accident. But depending on the complexity of your crash, you may find even you do not know who was responsible for the accident. If this is the case, you'll need to gather some of the evidence yourself and work closely with your attorney to find out whether you are innocent and to defend yourself.
The Police Officer's Accident Report and Citations
The police officer who examines the accident will write an accident report that will play a major role in whom is most likely to later be found to blame. Do not admit guilt to the officer because this can be used against you. Sometimes, the officer will make a professional judgment as to whom he or she believes is at fault. However, the officer does not need to make such a statement.
If the police officer does make a professional judgment, you can have the police report amended. You can have your own personal statement added to the report refuting what was reported to have happened. The police officer may also issue traffic citations. If so, the motorist who received a citation will be more likely to be considered at fault.
Whoever Was at the Tail End of the Accident
In most cases, whichever driver was at the very end of a series of cars is considered to be at fault. If you do not remember, you will need to locate witnesses to ask them what happened. If you can find a witness who will assert that the other motorist rear-ended you or collided with the side of your vehicle, this witness testimony can be used to establish your innocence.
The Assessment of the Insurance Adjusters
The insurance companies of each motorist involved will send an adjuster to interview witnesses and to examine the cars. The adjusters will sometimes be able to use the damage to determine which motorist was negligent and should be considered at fault. If it is believed that you and the other motorist are partially at fault, the adjuster will assign a percentage of fault to both of you.
If you believe that you are being wrongly accused of causing the accident, you should contact a car accident attorney like Gelman Gelman Wiskow & McCarthy LLC. He or she can examine the evidence and can craft a case to prove that you were less at fault or completely without blame. By not being found at fault, your insurance company will not have to pay for your accident and your insurance rates will be lower.Share