Assigning Fault in a Perth Amboy Car Accident

Car crashes happen suddenly, and you might not have any time to understand what is going on before you sustain a major head injury or broken bones. If you wish to secure compensation, you will need legal assistance to work on your lawsuit. One of our vehicle crash lawyers could explain the factors involved with assigning fault in a Perth Amboy car accident.

How Do Insurance Companies Assign Fault?

Most insurance companies start with a review of the police report. Often, the report is based on the statements made by the respective parties in the collision. If the police report reveals that the insured was drunk, the insurance company will sometimes admit fault immediately. If the police officer showed up and both cars were roughly near the center of the roadway, it is often difficult for them to determine who crossed into whose lane. This leaves an opening for the insurance company to deny liability.

If the debris from the accident settled near the center of the road, rather than on one specific side, it can be difficult to determine whose fault it was. Sometimes, a lawyer may need to go beyond the photographs and the police report and retain an accident reconstruction expert to determine who crossed into whose lane. If there are local surveillance cameras, that is the gold standard for assigning fault in a Perth Amboy car crash.

Factors That Impact Liability

There are a few key factors that the court uses to determine liability:

  • Where are the cars when the police arrive?
  • Are they both in one lane?
  • Are they in the center of the roadway?
  • Where is the debris in the roadway?
  • Are there any witnesses?

If there is no video from a local business or home, a plaintiff’s legal team will have to look at the property damage, and sometimes an expert can tell where on the roadway the impact happened based upon the nature of the property damage.

Punitive Damages

The only circumstance where punitive damages will apply is if there are aggravating factors, like the person who caused the accident was drunk and it was not their first time driving intoxicated. Sometimes there can be punitive damages against the employer if they did not do a background check on their employee and it turns out the employee had prior accidents and instances of drunk driving.

Following Up with a Doctor

If someone is not going to go to the doctor, that implies they are not badly injured. This hurts any personal injury case because the value depends upon the nature and severity of the injuries, how long it is treated for, and the nature of the treatment. If somebody goes to the family doctor once and goes to the physical therapy office one or two times, then that might not be a case worth pursuing.

On the other hand, somebody may go to the emergency room and then to their family doctor, then an orthopedist who sends them for MRI, which might reveal they need pain injections or surgery. If the level of injury – and the cost to identify and treat them – is high, then they may have a viable case. The job of assigning fault in Perth Amboy could get complicated if there are no records of medical treatment after a car accident with which to file a lawsuit.

Work with a Perth Amboy Attorney to Assign Fault in a Car Accident Claim

Unless the evidence is overwhelming, there tends to be a blame game after a vehicle crash that result in injuries. Assigning fault in a Perth Amboy car accident can be extremely difficult without a lawyer at your side. Call us and set up a consultation to discuss your case.

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