Getting into any type of accident can be frightening. Figuring out the minor details of who did what and when it happened can be a hassle. You can be the individual who runs into a cyclist. You could also be the cyclist getting hit by a car. Accidents may involve one other car including yours, or multiple cars. No matter the situation, below are 10 tips on how to determine fault in an accident.
Type of transportation
When it comes to accidents, the type of motor transportation involved matters. Accidents can involve:
- Pedestrians
- Cars
- Busses
- Bicycles
Although this list is not exhaustive, the type of transportation in an accident matters on how to determine fault in an accident. If you are riding a bicycle and get hit by a car, it may be best for you to invest in a bicycle accident attorney. This type of attorney goes after a driver that hit you if you were traveling by bike. Attorneys generally aim to protect you from damage and possible liability for any accidents.
Type of transportation matters for several reasons:
- Courts may determine fault differently
- Type of damage varies depending on transportation
- There are different attorneys for different situations
Type of transportation in an accident can determine the ruling a judge may give. The amount of insurance payout can vary as well. You will want to get legal services that align with your transportation type.
Individuals prefer to have a doctor with experience and a license. You want the same when it comes to attorneys. You want someone with experience and familiarity with how they can help you no matter the type of vehicle. Some specialize in car accidents while others specialize in bicycle collisions.
This brings us to our next tip. Talking to attorneys can be a slippery slope.
Research for the right type of attorney
When looking around for types of attorneys, you will want to look at a variety of things:
- Rates: Some lawyers tend to overcharge when they have little to no experience. Rates can depend on the name of the individual and the type of schooling they attended.
- Reviews: Look into some of the reviews. Individuals tend to look at search engines when seeking legal advice, in fact, around 96% of people do this. This is a starting point. This could help you avoid any bad apples in the jurisdiction realm. You can see what other clients may have rated them. Sometimes, the reviews will reveal what others report about their services and professionalism. Good reviews can mean a bit more upcharge on services but might be worth it.
- Education: Some individuals prefer to have attorneys from well-known schools. This may not matter much to some. Looking at where they obtained their law degree could be beneficial to you. You can see what their teaching curriculum was like. You can also look at the types of standards they were held to while they were in their program
Looking in depth at the type of attorney you need and want can help you in the belong run. Having someone by your side to help you through the process can work wonders for your accident case. Some attorneys are able to get individuals a greater reward. Others may have the court lower the fees if the individual is at fault.
Injury Lawyers
More often than not, physical injury is a direct result of the majority of car accidents. This is one aspect for individuals to consider when wondering how to determine fault in an accident.
If you had to visit the hospital for the following reasons such as:
- CT scan
- Head injury
- Broken bones
- Whiplash and more
This list is not exhaustive. Whatever injury you may have, tend to it first. Ensure that you keep receipt of any and all bills that go towards treating your check-up or physical injury. Once you do this, it may be best to hire a personal injury lawyer.
This type of lawyer will fight for you to gain the most money when battling a case. They specialize in this as every lawyer has his or her own specialization. Hospital bills tend to add up and can be very high. To navigate the stress of paying these whether the accident is your fault or not.
If you tend to receive poor care, you can also file suit against this. There are individuals who are medical malpractice lawyer. These lawyers get you justice for being neglected medical attention or treatment. For instance, let us say you are at the hospital and you told a doctor you hit a car that had a child and mother in it. They then give you little to no treatment for your injuries. This can be a case for this type of lawyer. No matter if you are at fault or not, you should receive the appropriate treatment at any medical facility which brings us to our next tip: looking for the right types of lawyers.
Types of lawyers
As with any situation, there are lawyers who specialize in different areas. For instance, if you are divorcing someone you may want to hire a divorce lawyer. These types of lawyers can work out the difficult stuff or mediate conversations between spouses.
If you are in an auto accident, there are lawyers who specialize in this. Some tend to have different names. For instance, there is an auto accident lawyer. These types of lawyers specialize in auto accidents. Whether you were at fault or the one that was not, these lawyers can defend your case either way.
If you are in a car accident, the police report can be factored into your case. How you respond to police when they arrive, the scene of the crime, photos, texts, video, and more all factor into your case. If you were at not at fault these may benefit your case.
Lawyers will need all the truth they can get. Verbal and nonverbal evidence matters. These professionals can sway courts or jurors on how to determine fault in an accident. Lawyers are on your side and want to win as much as they can for you. Lawyers work in the best interest of their clients. This is evident in child custody law.
If your child is in the car or there is a child in the other car, the court may investigate who was caring for the child. If that child is not deemed safe in the care of the individual, lawyers tend to fight whichever way is in the best interest of the child. This type of case does not happen in every car accident case, but it can impact how to determine fault in an accident, especially if the child was physically injured during the accident.
The right type of lawyer impacts your case and the amount of money you pay or receive.
Negotiation
Let us say you go to court and the judge ruled the accident in your fault. You now owe a certain amount of money to the individual who was not at fault. Sometimes, this amount can be difficult to pay.
Have no fear. If you have trouble paying the amount ruled, there are ways to alter this. You can try to engage in debt negotiation. This will allow you to tailor the payments to your current financial status. This may work for some more than others. Always discuss this with your lawyer before taking action to see if you qualify for it.
Family Aspects
This tip is geared towards family-related accidents. Some individuals get into car accidents due to escaping domestic disputes. If this is the case, family law can be beneficial for the individual(s) harmed in the accident. Judges usually take the nature of the situation into account on how to determine fault in an accident.
If one is not escaping a domestic situation and family members are involved by being in the car, this can impact the situation. If individuals wish to press charges or not is up to the family member. Whatever you do, ensure everyone is safe. Then, take pictures of all cars involved in the accident. Prior to getting out of the car do be sure that it is safe to pull over if possible.
Sometimes, individuals may speed because someone in the car is in labor. Another reason could be someone is heading towards an emergency with or without their hazard lights on. The context of the situation matters no matter the type of accident when one looks at how to determine fault in an accident.
Police Input
Often times, the police arrive at the scene within a matter of minutes. First responders are also called to investigate and tend the individuals at the scene. The majority of policemen have cameras on their dashboards or on their uniforms. Firefighters also have a crew of at least 10 individuals to help.
All of the individuals at the scene are witnesses. They can be called to testify in favor of or against you. How you act towards the first responders can influence how to determine fault in an accident. It is best to be respectful of all individuals at the scene. If you wish to exercise your right to remain silent, do so immediately. This leads us to our next tip: your words matter.
Words Matter
When you are at the scene, saying you were at fault can completely change how to determine fault in an accident. Although you may be at fault, it is best to not claim it despite if it is true. The reason for this is some people claim to be the one who caused the accident, when they in fact did not.
Car accidents tend to cause an array of emotions to arise such as:
- Fear
- Panic
- Anxiety
- Distress
No matter your emotions, it is okay to feel them, but it is not always in your best interest to act on them. Try to remain calm no matter the situation. There will and are people that will help you get through this stressful time, especially on how to determine fault in an accident. If you are at fault, have no fear, the process can be made easier when leaning on others for support during the court proceedings.
Stay Calm and Civil
When car accidents occur, some drivers are more understanding than others. If someone was texting and driving, the other driver may not be so understanding. Let us say the driver who was hit gets out and is verbally aggressive. Try to be the individual who contacts the police right away. The last thing you want to do is get involved in a verbal or physical altercation with the other driver and or passengers.
Some individuals are completely understanding. These individuals will check to see if you are okay, you may want to do this too. The other driver’s testimony against you could help a judge on how to determine fault in an accident. Even if the accident is your fault, your punishment given by the court may not be as severe depending on your conduct during and after the accident.
It is okay to take pictures of your car and the damage on the road if there is any. It is also okay to get on the phone with authorities, even if you are at fault. How you conduct yourself can paint a picture of the type of individual you are despite one mistake.
Be prepared
The best way to determine who is at fault in an accident is by utilizing all of these tips. In summary, you will want to:
- Conduct yourself in an appropriate manner during and after the accident.
- Collect evidence for yourself
- Possibly gain contact information of witnesses
- Research lawyers
- Find the right type of lawyer
- Take the cour proceeding as it comes
- Be truthful about your actions during the crash
- Give your lawyer any and all relevant details and receipts
Car accidents can be a hassle. Towing companies are often used. Family is needed for support. The right people are needed in your corner to navigate the hustle and bustle that accompanies a car accident.
Even you are at fault, you do not have to go through this process alone. There are individuals who will guide you through it. Being at fault does not set you up for disaster. If you take the tips outlined above, the process may be a little more smooth than if you do not use the tips listed above. No matter the day or time, there are always lawyers ready to work for the betterment of your case.
