Can Fault be Determined by Car Accident Damage?
In most cases, it’s pretty clear who’s at fault in a car accident. Usually, the injured parties file a claim with the insurance company and their claim is paid. However, there are times when it’s unclear who is at fault. When this happens, a lawyer usually hires accident recreation experts to help figure out who is to blame.
Most people think the fault is determined by eyewitnesses and party statements. However, if you think about it, how often are there really eyewitnesses available? When we’re on the road, it’s hard enough to pay attention to what we’re doing. We don’t really have time to pay attention to what other people are doing.
The other issue is that some eyewitnesses don’t want to get involved. Why would they? Unless they have something invested in the case, why would they want to get entangled in what could be a complicated lawsuit?
Atlanta Car Wreck Attorneys Will Use Whatever Evidence is Available
When it comes to a lawsuit, attorneys will use whatever evidence they can. Obviously, they aren’t going to introduce evidence that hurts their client. Their goal is to prove that their client is a victim. Some of the evidence most Atlanta car wreck attorneys rely on include:
- Witness statements
- Police report
- Statements made by the drivers and passengers
- Cell phone records if texting and driving was involved
- Video evidence
- Prior driving histories
- Any citations or arrests made at the time of the accident
All of these things are great when it comes to proving fault in a car accident. They can usually show who is responsible for the accident. However, what does an attorney do when this information is unavailable? Or, if it is available, what if it isn’t beneficial to their client?
Some evidence is either unavailable or unreliable. The reasons for this include:
- Prejudice of witnesses – Whether it’s right or not, some witnesses are going to lie if the defendant is their friend or family. They’ll swear up and down that their buddy was not at fault. It is very hard to prove that a witness is lying. All a lawyer can do is chip away at the witness’ credibility.
- No recollection of events – Some witnesses simply don’t remember what happened at the time of the accident. They could’ve been injured and suffer from memory loss. Or, they may have not been paying attention at the time of the accident.
- There are no witnesses available – Some accidents take place on a deserted road late at night. Others take place on backroads where you wouldn’t expect other drivers to be. There may just be no witnesses to the accident.
When there is no evidence to directly prove who was at fault, lawyers have to be creative.
Georgia Car Accident Attorneys Can Hire Experts
When all else fails. Georgia car accident attorneys can hire people who know how to prove fault in car accidents. There are accident recreation specialists who can help. There are also engineers who are experts at determining fault in car accidents.
These experts can use both pictures of the scene and the damage caused to the vehicles to determine fault. There is a huge body of research that shows the likely causes of accidents based on car damage.
For example, if Car A has a lot of damage to the passenger’s side of the vehicle, it’s pretty easy to show that someone hit the car from the side. If this is the case, it’s going to be Car B who is presumed to have caused the accident.
If, on the other hand, Car A has a lot of front-end damage and Car B has a ton of rear damage, the case is obvious. Car A will be held to have caused the accident. Unless he can show that there was some other reason why he hit a car from behind, he’ll be at fault.
Contact an Atlanta Car Accident Attorney
If you’ve been involved in a car accident, you’re going to want to call an Atlanta car accident attorney. You don’t want to handle something like this yourself. This is even truer if there’s no clear-cut proof of who is at fault.
The odds are, the other driver is going to have an attorney. His attorney is also going to work hard to prove that you were at fault. You don’t want to end up on the wrong end of a personal injury lawsuit. Call and set up your initial consultation with an Atlanta car accident today.