How To Determine Fault In Accident Cases

February 21, 2022

How To Determine Fault In Accident Cases

Unfortunately, car accidents are not uncommon. According to a recent report by CDC, every year, almost 1.35 million people are killed due to car accidents. Every day, around 3700 people lose their lives in car crashes, motorcycle accidents and more. If we talk about Canada, in 2019 alone 1762 people died due to motor vehicle accidents.

Being a part of an accident and getting hurt is agonizing enough on its own, which is why many people are frustrated by the legal processes that are followed. After an accident, the authorities as well as the parties involved try to determine whose fault it was.

However, this process is pretty hazy and there are not many rules that can be followed. In addition to this, the process is not void of deceptive tactics that further complicate the process.

If you have been in an accident and believe that you have been falsely accused when it came to determining who was at fault, contact a fraud lawyer who can help you deal with the situation. Slaferek Laws lawyers have successfully represented many clients in areas such as theft, fraud, tax evasion, breach of trust and more.

In this blog we have discussed all there is to know about determining faults in auto accidents.

What Happens After An Accident?

After a car accident, if someone has incurred any injuries, there were any fatalities or public property was damaged, the police will likely arrive at the scene. The officers will collect evidence and make a report.

If you are a witness to the accident or were involved in it, you will be asked to record your statement. You will have to summarize your interpretation of what happened.

However, know that the police report does not issue liability. Insurance companies often look at the police report to determine whose fault it was, ultimately, determining the fault will come down to the laws of the province.

Province Liability Laws

The assignment of the liability by the province depends on the type and location of the car accident. Some provinces operate under the comparative fault system. This means that both the parties involved share the fault depending on how much the insurance companies believe each party.

In the case of a rear-end accident, the laws say that if a driver cuts another vehicle off and suddenly hits their brakes, it is majorly his/her fault. However, even in this case, both drivers can issue claims against each other in comparative fault states.

Other types of liabilities include comparative negligence and contributory negligence. Under the former, drivers pursuing liability exceeding a certain percentage are disqualified.

Whereas contributory negligence fault assigned to a driver means that he/she is unable to ask for any compensation from the other driver or their insurance company.

Personal Injury Protection

Provinces that have personal injury protection laws in place require both parties involved to file a claim with their insurance irrespective of the fact if they were at fault or not. This means a minimum amount of insurance is mandated.

Determination Of Fault

When it comes to determining which driver was at fault, there are several ways to decide:

  • Drivers
  • Police Report
  • Insurance Company
  • Arbitration
  • Lawsuit

The drivers can decide who was at fault at the scene. However, if they end up pointing fingers the police reports will come into play. Nevertheless, reports are not infallible. They can contain details like cell phone use and driving under the influence which can help in determining the fault.

If both the parties end up claiming insurance, it is up to the insurer to decide who is at fault in the particular situation. But, in rare cases when the insurance company cannot decide, they use a process known as arbitration. This helps them come to a settlement without a lawsuit.

However, if neither of the parties is ready to settle, they will have to go to court. Unfortunately, this whole process is not void of fraud to pocket some extra insurance cash. That is when you need a lawyer who can help you deal with the legal procedures involved.

About Slaferek Law

Slaferek lawyers are highly proficient at strategizing effective defence strategies that can lead to case dismissal, reduced charges, reduced penalties, and more. To get in touch with us today, click here. Our expertise lies in criminal cases and DUI cases.

If you are scrambling with charges or are looking for a good criminal defence lawyer to fight your case, our team of trained lawyers can help you build a strong case. We have successfully closed hundreds of cases pertaining to murder, DUI, financial fraud and more.

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Contacting Darin H. Slaferek

We specialize in criminal law, delivering ethical, effective, and efficient legal solutions that prioritize the best interests of our clients.