Accident Attorney Tips: Determining Who Is at Fault in an Auto Incident

In case you use any means of transportation other than public transportation, inevitably you will have to deal with some situations involving accidents. In moments like that you might wonder what determines who is at fault in a car, truck, motorcycle, or bicycle accident. Generally speaking, the faulty party is considered to be the driver who didn’t obey the rules and the law.

The rules for vehicle accidents

In case of the vehicle accidents there is a set of rules which tell people how they are supposed to drive. These rules also provide ways to measure liability. In order for someone to get their driver’s license, they have to pass a test based on these rules. The complete set of rules can be found in the state’s vehicle code. While some might think that these rules only apply to cars, there are also rules for motorcycles, bikes and pedestrians.

Different situations might raise different questions

In some cases it is very clear who the faulty party is. For instance if a driver runs a red light and crashes into another car, it is clear that it was their fault. However, in other cases the violation of the rules might not be that clear. It is common for accidents to happen when cars need to merge into one single line. The cases of this kind are governed by the negligence law.

Although negligence doesn’t have a very specific definition, a negligent person is considered to be someone who acts carelessly or thoughtlessly. If a pedestrian, cyclist or driver causes an accident because of their negligence, they can at least partially be found at fault.

How to prove negligence

In order for someone to prove the negligence of another person, there are three aspects they will have to think about:

  1. The person in question is required by the law to act carefully in that given situation (this is a given fact since all drivers have to be cautious at all times)
  2. The driver (biker or pedestrian) wasn’t careful
  3. The driver’s action caused damage or injury to another person

Police reports

In case you are asking what determines who is at fault in a car, truck, motorcycle, or bicycle accident, it is good to know that these are the documents that determine the fault of a person. If the police arrived to the accident, there is a good chance you could get the report from the police. In many cases the report includes who caused the accident. If it doesn’t mention who violated the regulations, at least it contains what happened from the police officer’s point of view.

In the majority of the cases it isn’t difficult to determine who the faulty party is and they will be held liable for their actions.

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