predetermined faultIf you want to win a personal injury case, you have to prove the other party was the cause of the accident. With that being said, it’s important to understand the concept of predetermined fault and how it can affect your case.

Predetermined fault is defined as the obviously negligent actions of the driver at fault and their actions are what caused the accident.

You’d think that if it’s obvious that the other driver was at fault then their insurance company would have no problems compensating you but as we have seen in most cases, insurers will always look for a way to deny or reduce your claim.

What Exactly Constitutes Predetermined Fault?

There are two common types of car accidents that involve predetermined fault: left turn collisions and rear end collisions.

Left Turn Collisions

As a driver, if you want to make a left turn across a lane of incoming traffic, you must wait until traffic coming from the opposite side has passed. You must be sure that the lane is clear before making the turn.

Rear End Collisions

While driving, you must be far enough the car that’s in front of you such that if the car stops suddenly, you’ll have enough time to react to avoid hitting them from the back.

However, for most drivers, it’s not always easy to judge the distance of their car from the front one. Additionally, it’s not easy to prove that everyone was maintaining a safe distance from the car in front of them.

Most courts usually hold the driver of the last vehicle in rear end collisions responsible for the accident. However, insurance companies will still find ways to reduce or deny your claim.

Cutting Across Lanes in Traffic

Sudden lane changes can lead to serious accidents and this happens when:

  • A driver impulsively cuts across lanes without using signals when they realize they are about to miss an exit.
  • There’s traffic and an impatient driver constantly cuts back and forth across lanes.

Intoxicated Drivers

Unless your own negligence is so strong that it outweighs that of an intoxicated driver, it’s hard not to establish that they were the cause of the accident.

Driving with a Suspended or Revoked License

If the person at fault was driving with an invalid license, it could help you win your case and negotiate for a much higher compensation.

How to Prove Predetermined Fault

While it might be obvious that the other driver was at fault, it’s not automatic that the insurance company will compensate you. You will still have to prove who was at fault. The good news is that in cases of predetermined fault, it’s a little easier to prove fault. Here’s how you can collect information that supports your claims:

1. Police report

A police report has drawings of the accident, a statement from each driver about what happened and their opinion as to what caused the accident and whose fault it was.

Police officers are trained to investigate an accident scene and to make an unbiased opinion of car accidents. Their opinion about what happened could make or break your case.

Furthermore, most accidents happened because one of the drivers violated traffic laws. Insurance adjusters know that they should compensate you for a reasonable amount because they know if they do not you will take them to court and that’s the last thing they want.

2. Witness statements

If there was anyone at the accident scene who saw the driver cause the accident, you can get a statement from them. Witness statements are usually more convincing than the victim driver or driver at fault.

3. Photographs and videos

You can record footage and take photos of the accident scene in as many angles as possible. If this isn’t possible for you, your car injury attorney can obtain footage from nearby security cameras or traffic cameras.

4. Phone records

These are important especially if the at fault driver was texting and driving at the same time.

A Car Accident Attorney can Boost Your Compensation

If you were in a serious car accident and you know your injuries are as a result of someone else’s reckless driving, you need to contact an experienced and skilled accident lawyer.

If an insurance company is trying to reduce your claim or denying it altogether, a car accident attorney can fight on your behalf.

If you live in Plymouth, MA, area, you can contact us any time by calling for a free initial consultation.