In an auto crash, you have the right to compensation if the accident results from another driver’s negligence. However, you can only receive a settlement if you have evidence to prove the other party’s fault. When determining car accident liability, one way to do this is by examining the location and extent of the damages done.
Suppose you are involved in a vehicle collision. In that case, this article will help you understand the role of damage location in establishing car accident liability and what to do to receive compensation.
What Is Car Accident Liability?
In a car accident, injured victims usually have the right to file a personal injury claim to receive compensation. In such a case, they must prove that the other party’s wrongful actions directly caused the crash. When proven, the at-fault party’s insurance provider will cover the damage costs sustained by the victim.
If you are involved in an auto crash in California, note that to prove another party’s wrongful actions or negligence, you must have evidence showing the following elements:
- The other party was responsible for keeping other people safe.
- They neglected this duty.
- The accident resulted from this breach of duty.
- You sustained injuries or other damages from the accident.
One key evidence insurance providers usually assess when determining car accident liability is the vehicle damage. Usually, they will check its location and extent and analyze how the crash occurred from this.
Can Damage Location Establish Liability in Car Accidents?
When two vehicles collide, the impact often damages the cars involved. This damage usually shows how the accident might have occurred and how severe the crash is. This is why insurance providers often look for this evidence when accepting liability and determining the compensation value.
Examples of Car Accident Determining Fault by Location of Damage
The location of damage on the involved vehicles can be significant when determining who is at fault in an auto accident. For instance, if one car has substantial damage in front and the other has a damaged rear exterior, this may suggest that the vehicle behind is following too closely.
However, this still depends on different factors. Thus, other types of evidence, such as witness testimonies, will still be relevant in determining car accident liability.
Examples of how damage location helps in determining liability include:
- Rear-end collisions: If the other vehicle has rear damage, the vehicle with front damage is typically deemed at fault. It is assumed that the following car did not keep a safe following distance. However, this still depends on the circumstances.
- Head-on collisions: Head-on collisions usually damage both cars’ front bumpers. Usually, debris and skid marks can help determine who is at fault.
- Side-impact (T-bone) collisions: If one vehicle has front-end damage while the other has side-impact damage, the car with the front-end damage may be at fault, especially if the side-damaged vehicle was lawfully in the intersection at the time of the collision.
- Side-swipe collisions: If both vehicles’ sides are damaged, one car may have moved into the other’s lane. The precise position of the side damage can identify which car veered out of its lane.
When Does Damage Location Not Prove Liability?
While damage location is a significant key in identifying who is responsible for the crash, there are cases where it hardly shows the whole image of how the accident happened and who caused it.
For instance, in a rear-end crash, the damaged vehicle behind is usually seen as the culprit of the crash for following too closely. However, in one scenario, it was determined that the vehicle in front was brake-checking before the crash occurred, making them partially liable for the damages. Unfortunately, you can’t prove this by just looking at the location of the damages.
Another example is when multiple vehicles collide. The damage to any car in a multi-vehicle pile-up may not always show which driver was to blame initially. This is because the order of impacts can be intricate, and the extent of the damage could not correspond to the accident’s original cause.
While damage location is valuable evidence in establishing fault, it is not necessarily sufficient in and of itself. Other proofs, like witness accounts and expert reconstruction, are considered when conducting a thorough accident analysis. Accurately determining culpability requires carefully evaluating the circumstances surrounding each crash.
Lawyer’s Tip: In California, you still have the right to compensation even if you are partially liable for an accident. However, you will likely receive a reduced settlement in such cases. Contact a car accident lawyer to learn more about your rights.
How To Gather Evidence Showing Vehicle Damage
If another driver hits you, you can take steps to collect evidence of the vehicle damage. This way, you will be able to clearly capture the damages to your vehicle, which assists in determining car accident liability.
Step 1: Photograph the Scene
If you can, you may photograph the accident scene after the crash. By doing this, the photos can help show the extent of the damages, how the accident occurred, and who might have caused it. Follow the steps below when capturing the accident scene:
- Take panoramic pictures of the whole collision site that display the locations of all the involved cars.
- Take pictures from various perspectives to give a thorough understanding of the damage and scene arrangement.
- Pay attention to the precise locations of each car’s damage, such as dents, scrapes, and damaged pieces.
- To provide contextual images, take pictures of the surrounding objects, such as skid marks, road conditions, traffic signs, signals, and trash.
- To illustrate the extent of property damage, you can use an object as a scale or point of reference. For example, place a pen next to a scratch or dent when photographing the damage.
Step 2: Capture the Other Vehicle’s Damages
Aside from the damages to your vehicle, it is crucial that you also include the other vehicle involved when collecting evidence. Aside from the exterior, take pictures of any inside damage, such as airbag deployment, if present.
Additionally, you must take a photo of each vehicle’s license plate and, if available, note the damaged car’s Vehicle Identification Numbers (VINs).
Step 3: Collect Witness Information and Statements
Witness testimonies can help confirm car accident liability determined through damage location. This is why you must get any witnesses’ names, contact information, and addresses.
You may also ask them to write a brief statement or, if that is not feasible, record their accounts of the accident.
Step 4: Secure Video Surveillance.
Surveillance footage can also show how the accident occurred. Look for any neighboring security or traffic cameras that might have captured the incident on camera. You can get in touch with the owners of the cameras to obtain surveillance footage. You can also use your dashcam footage to show that the accident occurred from your perspective. If you have one, the dashcam film should be saved and backed up.
Step 5: Obtain Police Report
If there are responding officers, they typically create police reports indicating specific details about the crash, including:
- Contact information for the participating drivers
- Car specifics, like plate number and images of the car
- The weather when the accident occurred
- Road circumstances
- Precise moment and day of the collision
- Witness testimonies
- A sketch or graphic of the vehicle collision
- infractions of the at-fault party’s traffic laws
- The conclusion reached by the police regarding what caused the collision and who was at fault for it
Ask the responding officers for the police report number. Take note of the names and badge numbers of the police present. For your records, request a copy of the police report.
Collecting evidence at the scene is essential in proving car accident liability. However, sometimes, it can be overwhelming to gather information if you have injuries after the crash. Fortunately, a California car accident lawyer can help you prove your case using their resources and expertise to collect proof.
What Other Types of Evidence Prove Liability?
Aside from the vehicle damage, several pieces of evidence can be used to establish liability in a vehicle collision, such as:
- Witness testimonies
- Police reports
- Traffic or camera surveillance footage
- Medical bills and records
- Accident reconstruction analyses
- Mechanical expert analyses
- Other documents, such as cell phone records indicating if a driver was texting or on a call at the time of the accident
By combining these forms of evidence, you can develop a solid case to show liability in a car accident. Each piece of evidence contributes to a more complete knowledge of the situation, making it easier to determine fault appropriately.
Moreover, the best car accident attorney California offers can help check all avenues when gathering evidence and prove the other party’s negligence when supporting your case.
How Can The Best Car Accident Attorney California Offers Help Me?
While damage location can help determine liability, insurance providers typically question the validity of such evidence, especially if you lack other proof to support your claim. What happens if the vehicle location can’t clearly show who is at fault in an auto crash?
The best car accident attorney California offers can significantly enhance the likelihood of a successful claim by:
- Collecting evidence to build a strong case.
- Determining the liability of the responsible party.
- Assessing the full extent of the damages incurred.
- Negotiating with the insurance company to obtain fair compensation.
- Proceeding to trial if necessary.
If you need a car accident lawyer in California to protect your legal interests, Jacoby & Meyers offers some of the most skilled and dedicated personal injury attorneys committed to ensuring you receive the justice you deserve. While many firms assist with accident compensation, Jacoby & Meyers stands out for its unwavering commitment to protecting your rights, making it the preferred choice for accident victims.
Since 1972, Jacoby & Meyers has consistently advocated for the legal rights of individuals involved in accidents, achieving substantial settlements. Our impressive track record, with over $2 billion in settlements, reflects our dedication to our clients.
If you’ve sustained injuries in a car accident, Jacoby & Meyers is here to help. We offer free consultations for injury victims and work on a contingency fee basis.
Jacoby and Meyers. Because You Deserve Justice.
Hear From Our Past Clients
Instead of relying just on our guarantees, consider what satisfied clients say about our services.
“My son and I had an accident a year ago. We didn’t know what to do, so we hired Jacoby and Meyers. Their team helped us a lot! Tania, Hannah, and Iris were accommodating. I’m happy with the outcome of my case and my settlement. I will recommend you to all my friends and family.” -Martha.
Frequently Asked Questions
Do you have further questions regarding personal injury claims? We got you! Here are some frequently asked questions from injured victims that may help explain some aspects of your case.
- Who is Liable for an Uber Car Accident If the Driver Was Intoxicated?
- Can I File a Car Accident Claim if I’m an Undocumented Immigrant in California?
- What Happens If an Unlicensed Driver Hits Me?
- Can I Still File a Claim If I Have an Unfavorable Police Report?
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