Determining Who is at Fault in a Nashville TN Car Accident

Jeff Roberts & Associates, PLLC

Knowing who is responsible for a car crash can be confusing. There is a difference at times, between who’s fault caused the accident, and who by law is at fault. Knowing how to determine the person at fault helps insurance companies decide how to cover the cost of damages done to properties, vehicles and injured parties.

Generally, the cost of all damages the accident caused will be put on the driver who is determined responsible for the crash (and by extension, his insurance company). Many states, have however made the system of identifying defaulter more complicated, where portions of the fault is shared among the drivers who are guilty of causing the accident or failing to avoid it, one way or the other. Therefore, each of them can be determined at fault and their insurance carriers respectively.

In most cases, any road user who goes against the rules of the road would be questioned for a car accident if they were in it. If any driver is flagged down for violating traffic laws, he or she may be determined guilty. However this doesn’t mean it applies in all cases. For example, a driver who drives recklessly and swerves through lanes and suddenly hits the brakes would then have other oncoming cars from behind who would hit their brakes abruptly too, and the main fault would be from the first driver who hit his brakes abruptly due to his reckless driving.

Vehicles coming from the back are always in a perfect position to avoid accidents, but if the vehicle they are following suddenly brakes and the rear vehicles hit it from the back, the driver of the rear vehicle would be held responsible.

To claim one is innocent, one should immediately get evidence at the scene of the accident. One should jot down statements spoken by other drivers and witnesses. Most times, admission of guilt by the other driver without properly referencing is helpful in court. If the other driver accepts the blame for causing the accident, the innocent driver should capitalize on that and blame him/her totally for causing the accident. Witnesses at the scene of accidents will have their own opinions of who is at fault as well.

The final conclusion on who caused the accident will be determined by considering citations of the police, statements by witnesses, statement of drivers and the sound judgment of a jury and/or judge. If you have a strong case, with adequate evidence, you can possibly settle the case outside of a courtroom and avoid the whole legal process. For this reason, it is always best to contact an attorney whenever you or anyone you know is being blamed for an accident. In most cases, the first consultation with an attorney is free and while payments are on contingency basis. This means that they will not ask for a fee up front, and the attorney gets paid out of whatever compensation he/she is able to get for you. If you need an experienced Nashville TN Personal Injury Attorney, contact Jeff Roberts & Associates, PLLC at (615) 205-0904 today!

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