Who is at Fault for the Car Collision?
You are in a car collision. Before you know it, there is an impact between your vehicle and another driver’s vehicle. Your mind immediately is trying to comprehend what just happened, and the circumstances surrounding the event. You think “I had the right of way,” or “He should have stopped,” or “How could he not see me?” Then your mind starts to contemplate, like “Was I speeding?” or “The light was green, wasn’t it?” or “Should I have honked my horn?” As you can tell, the simple question of “Who is at fault for the collision?” is not as simple as it seems.
There are many factors that go into play when determining fault of a car collision. Often times, after the collision, the local police are called and arrive at the scene. The police start the process of trying to determine who is at fault for the collision. For instance, the investigating agency will gather statements from all parties involved and will also speak with any individuals who witnessed the collision, if any. The investigating agency will aid in the process of determining fault.
Another factor that must be considered is the roadway and its characteristics. For example, the speed limit needs to be determined, and what speed each individual was going at the time of the collision. This is important because if one of the individuals in the collision was speeding at the time of the impact that can have a bearing on who is ultimately at fault. Additionally, another aspect that needs to be considered is whether one party in the collision failed the right away. If there is a T-bone collision, for example, there could be an issue as to whether one party failed to yield the right of way to another driver.
Also, the weather conditions could have an impact in determining fault. At the time of the collision, it could have been raining heavily, and the visibility of the drivers involved could have been negatively impacted. Alternatively, it could be the middle of winter and the roads may be covered in ice. The weather may potentially have an influence on what party is at fault depending on how that individual was operating his or her vehicle at the time of the wreck. Sometimes, there is fault on both parties for the collision. In such an incident, both parties committed some negligence, which eventually led to the crash. You should bear in mind that although you may potentially possess some fault for the collision that does not preclude you from bringing a claim. As you can likely tell, there are a ton of dynamics of a collision that must be parsed out before fault is determined.
After a crash occurs, you may quickly conclude you are or are not at fault for the incident. Although many times these decisions happen shortly after the collision, the ultimate determination of fault often encompasses a nuanced consideration of many factors. Once the aspects surrounding the wreck are uncovered and processed, fault will be well on its way to being determined.