Can Fault Be Determined by Car Accident Damage?
Aside from injuries in a crash, your vehicle will experience different types of damage based on the type of accident you were involved in. While vehicle damage is not the sole indicator of determining liability, it can provide important clues. Used in conjunction with the police report, photographs, and eyewitness testimony, car accident damage can point to exactly what unfolded.
In this blog, the Reading car accident lawyers at HGSK Injury Lawyers discuss how fault is determined in a crash and how the state’s negligence laws can affect your right to compensation.
Police Report
Following a car accident, if there are any injuries, fatalities, or property damage, it is important to call the police. The police officer who arrives on the scene will take a down report, which will include the following information:
- The names of all persons involved
- The name of the responding officer
- The date/time/location of the incident
- Vehicle information (including vehicle identification numbers and license plate numbers)
- Description of any vehicle damage
- Description of injuries
- Diagram of the accident scene and a brief description
- Who the officer believes is at fault
The police report provides an impartial perspective on what occurred. Based on the relevant information, the officer will determine which driver failed to adhere to traffic regulations, causing the crash.
Photographs and/or Video Surveillance
Pictures at the scene of an accident can provide further clues on what unfolded. Be sure to take photos of the final resting position of each vehicle in relation to other stationary objects or identifying landmarks. Photos serve the additional bonus of corroborating your story or even an eyewitness’s account.
If a photo may be worth a thousand words, it is hard to quantify the amount of information contained in a video. A video can do what a photo is not capable of: conveying the speed of the other driver, the precise angle of impact, and any other intervening factors in real-time. While less common than photographic evidence, any footage showing the event unfolding in real-time can help to establish which driver was negligent.
Eyewitness Testimony
A credible eyewitness is a third party who has no physical impairments and was not distracted during the accident. Hearing an account of your accident from a third party can confirm your version of events. This will not only reinforce your trustworthiness but allow you to recover the compensation you deserve.
Can I Recover Compensation if I Am Partially at Fault in Pennsylvania?
Even if you share partial responsibility for your crash, you may still be able to recover compensation for your injuries and losses. Under 42 Pa.C.S. §7102(a), a plaintiff can recover damages as long as he or she is less liable than the defendant. Known as the 51% rule, damages will be reduced based on the individual’s degree of fault. If the plaintiff is 51% or more responsible for the collision, then he or she will be barred from recovery.
The insurance company is notorious for refusing to pay. That is where our legal team comes in. At HGSK Injury Lawyers, our Reading car accident lawyers understand the stress that comes with being in a collision. We will take however long it needs to collect the necessary evidence to show the other party’s negligence and the losses that you suffered. We will not stop fighting until you receive just compensation, even if that means taking your case in front of a jury.
Victim to a Crash? Contact Our Reading Car Accident Lawyers Today
A car accident comes with medical expenses, vehicle repair bills, and lost income, all of which can easily cost thousands of dollars. At HGSK Injury Lawyers, our Reading car accident lawyers have assisted hundreds of clients in recovering compensation due to them. If you are ready to learn what your car accident case is worth, do not hesitate to contact our experienced legal professionals. To schedule your free consultation, contact us online or by phone at your earliest convenience.