After an accident, determining fault might not be that easy. It’s completely normal to be shaken up after an accident or unsure if it was your mistake or someone else’s that led to the accident happening in the first place. Maybe both drivers were at fault or perhaps you missed a traffic sign or made an incorrect move in your car. There are so many factors when car accidents happen that determining fault might be a little tricky. If you don’t know who was at fault, there are a few tips for you.
Do Not Take Blame
No matter how uncertain you are, never apologize or take blame for an accident. You should not apologize to the driver, speak to the insurance company or make any claims that you might have been at fault. Insurance companies will use it against you, even if you were not at fault. When it comes to speaking after the accident, do not take blame for the accident and do not accuse anyone of being at fault. Simply exchange information and avoid giving a statement to the insurance company. A lawyer may be able to help you determine who is at fault.
The best way to determine fault is to gather accident. In addition to calling the police after an accident, you need to gather as much evidence as possible. You should take pictures and gather information from the other driver and from any witnesses. The information that you gather could be used to determine who was at fault in the accident.
Consider Comparative Negligence
In some states, comparative negligence may apply. Say that both of you are at fault. You can still file a claim for compensation! One person has to be more than fifty percent at fault for comparative negligence to work. In some cases, if you cannot determine fault, it is because there are two parties that technically played a role in the accident.
If you’ve been in a car accident, you may catch yourself questioning whether you were at fault. This is completely normal and as long as you gather evidence and speak to an attorney who can help you determine fault, you may be able to seek damages. Remember that you never want to question if you are at fault to the other driver or to the police. It’s important that you don’t accidentally admit to fault before you know who was at fault. For more information, contact a car accident lawyer.
Source: Auto Accident Lawyer in Memphis, TN, Patterson Bray.