Miami car accident attorney

How to Determine Who is at Fault in a Car Accident

Road accidents are responsible for numerous injuries and deaths each year. After each accident, there is usually a lot of finger-pointing. Usually, one party will feel aggrieved and blame the other for the events that led to the accident. However, such finger-pointing won’t mean much if it can’t be proven in a court of law. Of course, apportioning blame in such situations is much easier if one party cops on the whole incident. Regardless of your role in such situations, reaching out to a Miami car accident attorney is always advisable. You can save yourself from a lot of potential legal trouble just by taking this simple step.

Why Determining Fault is Important

Many people use public roads every single day. These are all individuals from different backgrounds. When an accident happens, a person’s instinct kicks in. Self-preservation is usually their priority. Being officially labeled the liable party in an accident can have serious consequences. For example, someone with a checkered driving history could be one traffic incident away from losing their driver’s license. If such a person requires their driving privileges as part of their job, this could have serious consequences for their employment assuming they don’t get fired. Similarly, convicted felons could find themselves in hot water if they get involved in an accident that results in a death or serious physical injuries to the other party. Insurance companies also want to know who’s responsible for causing an accident. This has a significant bearing on whether or not they offer settlement and how much.

In such situations, people will do all they can to deflect the blame away from themselves. That’s why determining liability in car accident cases is crucial. For some people, so much could be riding on the determination of such fault.


Ways of Determining Fault

Regardless of how drivers try to spin the story of how an accident occurred, there are ways of determining who’s lying and who’s right. The following are the main ways of doing this.


Up until the advent of smartphones, photos to prove or refute car accident claims were mostly taken by the police officers or crime investigators that responded to such accident scenes. However, times have changed. These days, most people have phones capable of taking high-resolution photos very quickly and conveniently. If you’re the victim of a car accident, the first thing to do is to take as many photos of the scene as possible assuming you’re not severely injured. Take such photos from as many angles as possible, focusing on key details like skid marks. If the accident occurred on a busy road, other people may likely have taken photos too. All such photos can prove crucial later on when you pursue a legal claim. Even when you’re unable to take photos, those taken by passers-by can still prove pivotal in determining who’s responsible. Of course, the police will arrive at the scene and take their own photos to be included in their official accident report. All such photos will come in handy when the time comes to prove liability.

2) Video Surveillance

The beauty of modern technology is that surveillance cameras are now found in most commercial buildings and busy streets. Major highways and roads also have public traffic cameras angled to cover most road sections. This means that there is always a good chance that a car accident was caught on one or more surveillance feeds. Video surveillance is probably the most powerful weapon you can have when pursuing a legal claim due to a car accident. It can unequivocally corroborate or refute any claims as long as its authenticity can be verified. Similarly, smartphones are now capable of capturing high-quality video footage instantly. If there were bystanders when the accident occurred, some of them likely recorded the crime scene. Some vehicles come equipped with cameras installed to record events happening directly in front of a vehicle. All such video footage could quickly settle the question of who was responsible for a car accident.

3) Vehicle Damage

This is one of the basic ways of determining who’s at fault. While it’s not always clear-cut, it can point to who’s responsible for a car accident when coupled with other types of evidence. A good example is when a driver rear-ends another vehicle. It’s hard for such a driver to claim innocence if the dents are there to prove otherwise. Similarly, the position of damage can also tell a story of how an accident happened. For instance, if the damage is on the side door, this could be a clear indication that one driver rammed into another from an unexpected (and illegal) angle. Of course, there could be other factors at play. A good example is a driver that runs a red light and gets hit by another vehicle. Their initial lack of respect for the red light will probably negate any claims of innocence they make later on.


4) Eyewitness Statements

Eyewitness statements aren’t always reliable. People make things up or their memories can get foggy. However, such statements can be important when added to other pieces of evidence obtained from the crash site. For example, an eyewitness statement can corroborate photograph evidence of the car accident scene and exonerate or implicate one party involved in the accident. Of course, the eyewitness statement can always be called into question due to unrelated factors. For instance, if the said eyewitness has a history of perjury or substance abuse, their statement may not hold much weight in court.

5) Using Event Data Recorders (EDR)

Numerous vehicles now come equipped with EDRs. Much like black boxes in airplanes, these devices can record information about what occurred before, during, and after a car accident. This makes them a goldmine for information and a potential source of exoneration or pinning liability on one party after an accident.

These are some of the main ways through which fault can be determined after a car accident. Of course, organizing all the evidence obtained and being able to sell it to a jury requires the experience of a lawyer. That’s why having the right one to represent your interests in such cases is crucial.


Want a Car Accident Lawyer? Contact Aronfeld Trial Lawyers!

Road accidents can be very devastating if they result in serious physical injuries. Holding those responsible for the accident starts by contacting our experienced attorneys at Aronfeld Trial Lawyers. We know how to handle such cases, having represented numerous victims in such situations. Call us today to schedule a consultation. Alternatively, you can reach us here

Name, Address, and Phone

Aronfeld Trial Lawyers, 

1 Alhambra Plaza Penthouse, 

Coral Gables, Florida, 33134, 

(305) 441-0440