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How Can You Tell Who Is Responsible In A Car Accident

In a car accident, it can be difficult to know who hit who. Even if you were entangled in the accident, it may not be clear which vehicle was at fault. There are many factors that go into determining liability and sometimes insurance companies will need to investigate further before they decide as to who is responsible for damages in a car accident

This post explores some of those factors and offers tips on how you can better understand responsibility in an accident.

Police Report

When drivers are in a car accident that causes injury or death, they should report it to the nearest police department right away. If for some reason you can’t make an immediate report (because of injuries), then any passenger involved should do so. Drivers have a responsibility to call the authorities when there is damage to their vehicle and it becomes impossible for them to drive anymore, even if no one gets hurt at all.

The police at the scene of an accident examine their surroundings. They look for clues on the road, check out how much damage was done to vehicles, and what direction they were going in or coming from; anything that might help them understand why a collision occurred.

Did you know the police will try and determine if the other driver is at fault in an accident? 

They could ask questions like, “did they run a red light or merge without looking over their shoulder?” There are many ways to cause accidents so drivers need to stay alert on the road!

Surveillance Cameras

Video footage is a powerful tool specifically when the accident is caught on camera. Some cameras at intersections and in police cars can catch everything that happens, including collisions between vehicles or pedestrians. Some traffic cameras are so high up they capture what’s happening all around it as well as some crashes from nearby buildings if there happen to be any within range.

Dash cameras and store cameras are much more reliable at capturing any footage than intersection or traffic cameras as they give you supporting evidence at your fingertips. Having a dash camera can also reduce your car insurance premiums depending on the policy and insurance company. If the driver of a vehicle refuses to admit responsibility, an accident victim’s lawyer may introduce video footage from the scene that shows who caused it. Furthermore, if a police officer or camera on a nearby building caught any visuals of accidents at hand, they can also be introduced as evidence in court by victims’ lawyers on behalf of their clients.

After a car accident, you want to have the right legal team on your side. For more information about what to do after an incident like this, you can talk to our personal injury lawyers here at Southwest Personal Injury Law. Call us today at (702) 600-3200 for a free consultation.

Eyewitness Testimony

Eyewitnesses can provide great insight into car accidents. For example, the drivers involved in the accident could testify about what happened at the scene of a crash. Other potential eyewitnesses include passengers, pedestrians, bystanders, and other drivers not involved with an incident who may have seen it happen or been told by others on-site that something bad had occurred there before their arrival.

Motor vehicle accidents are often a contentious issue, which is why it’s even more important to have an unbiased and credible witness. Independent witnesses who don’t know any of the parties involved can be incredibly helpful in cases that go to trial because they won’t feel like one side or the other owes them anything and they are typically viewed as unbiased.

Disclaimer: This is not meant to be legitimate legal counsel, and you should always consult your lawyer before taking any action.

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FAQs About Our Legal Services

Unfortunately, we cannot give an exact time frame on how long your case is going to take. Some cases can resolve within 6 months, while others may take years. Every case is different and is dependent on the severity of your injuries, your treatment, the available insurance coverage, and of how willing the insurance carriers are to negotiate. Once you’ve concluded treatment and we have prepared a demand on your behalf, we will be able to a gage a better time frame. Generally, car crash cases are usually resolved within a year. Fall cases and premises liability cases usually take over a year to resolve.

Typically, the property damage claim (repairs to the vehicle, rental car, etc.) is handled by the client and the insurance carrier. However, we are more than happy to help assist you with making the process smoother. If your vehicle has been taken to a tow yard, it is important to mitigate your own damages and get the vehicle removed to another location, such as your residence, so that it is not incurring daily fees. If you have collision coverage on your own insurance policy, you have the option of paying your deductible and getting your repairs handled through them. If you choose to go through your own insurance carrier for the repairs, once the body shop has repaired your vehicle, your insurance carrier will pay the body shop and then subrogate the total amount, including your deductible, from the third-party insurance carrier. If you choose not to go through your own insurance carrier for repairs or you do not have collision coverage, you will have to wait until the third-party finalizes their liability investigation for them to handle the property damage. They have 30 days from the time of the crash to conduct their own investigation and accept/deny/determine liability. Once concluded and they have decided as to who is liable, they will be in contact with you to resolve your property damage claim. As always, we are here to answer any questions and to help guide you in this process.

What happens if I lose my job as a result of my injuries?

In addition to your bodily injuries and property damage, we can also submit a claim for lost wages on your behalf. For us to properly submit this claim, we strongly advise you keep close documentation of any and all days missed and provide us with any related termination or wage loss documents. Please be advised that wage loss damages are taxable damages (medical bills and pain and suffering are not taxable damages).

Typically, the auto insurance companies base their offer on the current market value of your vehicle. Often time, they will research to see the last 4 vehicles sold in your county that are the same/similar in make/model/mileage and then take the average of them. If the amount they are offering, minus tow yard expenses, is within the Kelly Blue Book value of your vehicle, then the offer is typically fair. Should you have any questions regarding the value of your vehicle, we will be more than happy to look at their offer amount and provide our opinion.

If you are not at fault for the crash, then your insurance rates should not go up, regardless if an uninsured motorist claim is made or not.

Southwest Personal Injury Lawyer Las Vegas

8716 Spanish Ridge Ave, Suite 120
Las Vegas, NV 89148

Hours
Mon-Fri 9:00 am – 5:00 PM
Sat: Closed
Sun: Closed

702-600-3200
602-900-9947

Southwest Personal Injury Lawyer Phoenix

4425 North 24th Street, Ste
225 Phoenix, AZ 85016

Hours
Mon-Fri 9:00 am – 5:00 Pm
Sat: Closed
Sun: Closed

602-777-3300
602-900-9947

Southwest Insurance Claims Lawyer Las Vegas

8716 Spanish Ridge Ave Suite #115,
Las Vegas, NV 89148, United States

Hours
Mon-Fri 8:00 am – 5:00 PM
Sat: Closed
Sun: Closed

+1 702-826-4904

 

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