Can You Determine Fault By Assessing The Damage To The Vehicles?
Michael Babboni
Insurance Coverage
With Florida’s comparative fault system, it is critical to your accident injury claim to determine fault. Comparative fault means that insurance companies and courts look at all the details of an accident to determine how much each party was at fault. That percentage then determines the cash value of your claim. For example if you are awarded $100,000 for your claim and it is established that you are 20% at fault, you will only receive 80% of the claim or $80,000. Thus it is imperative that you use every means available to establish fault on the part of the other driver.How To Determine Fault
There are many accidents like rear end accidents or when the other driver is intoxicated, where fault is very clear cut. Sadly though, in most cases, it’s not always easy to determine who is at fault for an accident. That is why you need the help of an attorney after you’ve been in an accident, because they can help establish fault. Typically fault is determined by looking at:
● The local traffic laws to see if there were any driver violations of those laws
● Reviewing the police reports for the responding officer’s determination of fault
● Witness testimony or camera footage that captured the details of the accident
● Admission of fault by one of the parties involved in the accident
However, even by assessing all of this evidence, there can still be some lingering questions about who ultimately caused the accident.
Determining Fault By Vehicle Damage
An avenue that your attorney may explore is looking at the damage to the vehicle. Where the vehicle is damaged can tell a lot about who caused the accident. Some of the most obvious examples of this include:
● Driver side damage usually shows the other driver was at fault, especially if there vehicle’s front end was also damaged
● Rear-end collisions tend to always be the fault of the other driver for following too closely, however there are cases where this isn’t true
● Damage on the front end of one car and the right front end of the other car is usually the result of a left hand turn accident, and the other driver will be at fault
However, some damage isn’t as clear cut. In those cases, attorneys will hire professional accident reconstruction experts to help.
What Is A Professional Accident Reconstruction Expert?
Professional accident reconstruction experts are specialists who understand physics, engineering, and dynamics. They use their knowledge to model the accident and work backwards from the damage and specifics to determine who caused the accidents. These models are very sophisticated and involve complex algorithms involving the speed, weight, and locations of the vehicle. With these models though, accident victims can help prove to the insurance companies and the courts they were not at fault for the accident and get the full compensation they deserve.
How Do I Hire An Accident Reconstruction Expert For My Case?
The best way to retain the services of an accident reconstruction expert is to work with your attorney. A good attorney like Michael Babboni, the St. Pete’s Lawyer, has a network of knowledge accident reconstruction experts that they tap for cases where fault is difficult to determine by the standard methods. They will also determine when you need an accident reconstruction expert or when your case is strong enough that you do not have to pay the extra expense.
The St. Pete’s Lawyer can help. With nearly 30 years of auto accident experience in the Southwest Florida region, he has helped prove fault in some of the most complex cases. He has a broad network of experts that can help show that you are not at fault for the accident and subsequent injuries. Give him a call today to learn more about his experience and reputation can help get you full and fair compensation for your auto accident injuries.