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What factors are at play when proving fault in a car accident?

It may seem like such a simple question that has such a simple answer: how do you prove someone is at fault (and thus liable) for a motor vehicle accident? You would think the answer is straightforward, and that the circumstances of the crash would logically dictate that person X or person Y is responsible for everything that happened.

However, much like life, things simply aren't that simple. There are many factors in play when trying to prove that someone is at fault for a motor vehicle accident. For example, the police report of your accident is a very crucial element to proving fault. This is an official account of what the police saw (if they stopped at your accident scene, which is the most likely outcome). However, sometimes these reports are wrong and you may appeal to amend them. This is a tough appeal to win though.

Another factor in proving fault in a car accident is the laws of the state. They obviously vary from place to place, but it all depends on how the state defines who is liable in a car accident, under what circumstances someone can be liable, and how much liability that person assumes.

Last but not least, the type of accident plays a huge role in determining liability. Was any driver drunk or intoxicated during the crash? Did the accident occur because of an illegal turn or driving motion? Was it a rear-end collision? Were pedestrians involved? All of these things are very important for proving fault in a car accident.

Source: FindLaw, "Car Accident Liability: Proving Fault in a Car Crash," Accessed Oct. 17, 2014

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