The tricky job of apportioning blame after a complex car accident

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Traveling by car is a preferred activity among many, especially for entertainment or holiday purposes. It is all the more exciting when everyone is content with their role, meaning that the driver is thrilled to steer the wheel for himself and others, whereas the passengers are enchanted to just witness the journey.

However, despite all the advantages of driving or having someone reliable who can do the job, there are plenty of instances of vehophobia that go beyond those of amaxophobia. According to a study conducted by the NIMH, driving anxiety ranks high on the list of phobias that burden over 19 million Americans. Moreover, up to 1 in 5 UK motorists are affected by the fear of vehicles, with more of the 20% feeling incommoded by the thought of driving.

While you may assume that there are only two camps for car journeying, namely the ones who are innately or experiencedly struggling with fear of cars and those who are either comfortable with or in love with vehicles, you’d be surprised to learn the opposite. Most of those refusing to get behind the wheel are frightened by car crashes, developing dystychiphobia. And the pain of going through all the complexities and bureaucratic processes brought about by a traffic accident only adds to the dread.

Even if you’re dealing with neutral, even-handed experts who will catalogue your case correctly, unbiasedly, and fairly, you likely want to know from the start how things will unfold and the most probable outcome from the situation. In a tricky car accident where you find it impossible to place the fault and determine the guilty party, it would help to detain the following information to make the waters less blurry.

First, get your info right.

If there’s anything that provides comfort and serves as deciphering code for the slick business of placing fault, it is information! The more you have, the better equipped you are to have justice done for yourself, should you be guilt-free. Some car accidents are concluded at the crash scene, seeing participants exchange insurance numbers and solving the case together with the police in a matter of moments, sometimes having to pay a quick visit at the police station. Every collision must be reported to the police on the official emergency phone number, and a specified request for an ambulance should be made if there are any crash victims. However, more unfortunate cases exist when the participants end up in court, hashing out the collision’s details.

But before you think of the accumulated costs and damages or being intimidated by anyone, it’s critical to remember that you have info to gather, which will serve as your most reliable ally, even if your case must be settled in court! Here are the types of info that, according to legal experts specialised in the domain, would help ease and strengthen your case and facilitate the compensation claiming process if you’ve been the victim of a road participant’s negligence.

  • Contact Information such as the addresses, names, and phone numbers of witnesses, passengers, and other members involved
  • Insurance data from accident participants
  • Conditions such as the collision location, time, data, meteorological conditions, and road condition
  • Information about the vehicles involved, such as colour, year, model, and brand
  • Pics and videos of anything that could prove relevant, like photos of traffic signals or street signs
  • Witnesses’ contact info
  • License plate numbers.

Car insurance, checked!

Car insurance is not as straightforward or honest as it may seem. Even though the main point to them should be to cover the damages of the victim on behalf of the customers and offer the latter a financial cushion, it’s safe to say that being even-handed is not among their main concerns.

Keep in mind: that insurance companies rarely (or never) put clients’ interests at the forefront of their efforts. Insurance companies don’t build their wealth by making it rain money for victims, but rather by pressuring them into getting away with an unfairly modest settlement. If you’re found innocent, the victim’s insurance company will use numerous techniques to convince you of the lowest potential settlement, even if it means downplaying the crash’s gravity or the damages’ significance.

This essential actor determines liability, and the process is critical. To ensure any potential injustice is out of the question, the safest and most efficient bet is to go with an expert lawyer who can accumulate relevant evidence and prove your innocence. Any liability claims against you are better tackled by an expert in the domain, who will craft legal arguments and negotiate the fairest compensation for you.

Learning how fault is determined

Determining guilt in a crash can be a headache and difficult process, as results are permanently moulded by the specific situation, factors, and conditions involved. Fault may be apportioned in two ways:

  • At the collision’s scene, using driver and witness testimony
  • Through the insurance companies, in court, or arbitration proceedings.

Despite being challenging to defy fault in exact terms given the slick job, it usually pinpoints the road participant whose negligence caused the mishap. For instance, if a driver breaks the traffic laws or rear-ends your car while waiting at a stoplight, apportioning blame gets exponentially easier compared to a scenario where the guilt can go both ways.

The fault is decided on several details, such as photos, CCTV footage, evidence from the accident’s scene, the involved cars’ speed, eyewitness statements, etc. Points of impact, previous road violations and meteorological conditions are also essential for determining fault.

Therefore, whenever you’re witnessing such a misfortunate event, remember that your best ally is clear evidence of the accident’s unfolding and the culprits. If anything goes south or feels confusing, you have legal experts to have your back legally and clear the waters.

Last words

As you can see, determining fault involves taking into consideration a handful of factors. There are more instances that can conclude the case, such as having the drivers involved in the decision-making process, letting the police apportion blame, leaving it on the insurance companies, or resorting to the court as a last resort.

Regardless of where the trajectory is going, remember that you’re not alone in this daunting event and you can have professionals guide you through the whole maze, regardless of how much experience you have with similar unfortunate mishaps.


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