It is just an average day. You are searching for a song to listen to while you merge onto the Beltway. You finally find a station playing your favorite song, so you begin to sing along. As the chorus approaches, you prepare yourself by taking a deep breath. As the chorus begins, you can barely hold it in as you close your eyes and belt out, “Sweet Caroline..."—CRASH!
All of a sudden, your car spins around uncontrollably, your ears start to ring, and an aching pain spreads across your legs. You open your now blurry eyes and see an overturned truck, broken glass everywhere, and blood seeping through your pants. What just happened?
Sometimes the particulars of an accident can be unknown, confusing, or exaggerated. You may have thought you saw or did one thing, while someone else saw things differently. This is why it is important to get witness statements. As well as try to document everything you see after a collision.
Factors That Determine Fault
What Caused the Accident?
It may be difficult to determine fault if the cause of the accident is unknown; however, if you or the truck blatantly disregarded signs, traffic laws, or safety guidelines, the fault should be easy to determine
Did You Hit the Truck or Did the Truck Hit You?
Depending on the circumstances, if you are rear ended, the person who rear-ended you is at fault as he should’ve been paying attention and allowed for adequate stopping room; however, if you dangerously slammed on your brakes in the middle of the highway, you’d be liable.
Were You Following the Rules of the Road?
Traffic laws are laws for a reason, if you disregarded or ignored these laws and an accident occurred, you will be at fault no matter how much damage was done to you as opposed to him.
Were You in the Trucks Blind Spot?
Trucks have extremely large blind spots—if you cannot see the truck’s mirror than the trucker cannot see you. Therefore, if you were hanging out in his blind spot, the fault of the accident may fall on you.
Was the Truck Driver Distracted, Intoxicated, or Sleeping?
Although hard to establish, if the trucker was physically impaired and showed signs of distraction prior to the incident, he will be liable for the accident
Who was at fault is generally the deciding factor in any car accident claim. This is why it is very important to contact an experienced lawyer immediately after a collision. He will be able to secure witness statements and evidence to help prove what and who caused the incident. Don’t get stuck in the blame game, contact us today to ensure that you get the settlement you deserve.
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