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Who is at fault?

On Behalf of | Oct 18, 2019 | Motor Vehicle Accidents |

Car accidents can be terrifying, even more so if you or someone else in the car was severely injured. One minute you were cruising along, following the speed limit, paying attention to the road and listening to music. The next thing you know, you hear metal colliding together and you are no longer in control of your vehicle.

In the moments after an accident, it may be challenging to get your bearings. Eventually, you realize what just happened, and you spring to action:

  • Checking on your passengers
  • Making sure the other vehicle’s driver and passengers are not in a danger zone
  • Calling 9-1-1 for medical assistance

After getting checked out at the hospital, you may start to worry about the vehicle damages and how you are going to file the insurance claim.

The other driver was texting. File a police report. The tough part is proving that the other driver was at fault. You may need to speak with witnesses.

What are some other factors that can come into play?

Last year, in upstate New York, a fatal limousine crash ended the lives of 20 people. Soon after the accident, it came to light that the limousine breaks may not have been up to par. The limousine company’s operator is facing manslaughter and negligent homicide charges.

Recently, new evidence uncovered that a repair shop might be at fault for reporting brake repairs that they didn’t do.

When is the driver at fault?

The driver of the vehicle that caused the accident is always at fault if they were distracted, drove recklessly or was under the influence of drugs or alcohol.

When the driver was not driving negligently or intending to cause harm, a third-party could be at fault. The accident could have no at-fault party in some circumstances.