How is Fault Decided After a Car Accident?

Determining fault is very important following a car accident. The party who was at fault typically has to pay for the other party’s medical expenses, damages to his or her vehicle, and other expenses.

Fault is determined by figuring out who was negligent. Sometimes fault is obvious. Both parties involved in the accident will submit their claims to their insurance companies. The insurance companies will determine who they believe is at fault by examining the scene of the accident or photographs, talking to eyewitnesses, and reading the police report. If one of the insurance companies involved believes the driver it covers is at fault, it may offer a settlement to the injured victim. If that settlement is accepted, the case is over.

If the insurance companies do not agree on who is at fault, they may do arbitration or mediation. In those situations, the arbitrator or mediator would determine who was at fault. A last resort is taking the case to trial. ( At trial, evidence regarding fault would be presented, including testimony from eyewitnesses to the accident, expert witnesses, a police officer at the scene, and perhaps the parties involved in the accident. Following the presentation of the evidence, a judge or jury will determine whether the defendant was negligent or not. If the jury finds the defendant was negligent, it will award appropriate damages to the plaintiff.

If you have been involved in an automobile accident in the Dallas area, you should contact an experienced personal injury attorney. An experienced attorney can help you work through the issues surrounding your injury and can help you get the compensation you deserve. Call Dallas automobile accident attorney Kris Barber at The Barber Law Firm to learn more.

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Yannis M.

“Mr. Barber helped my friend and me get through the nightmares of dealing with the insurance companies to get the health treatment we needed, and took care of the damage to the car. I would highly recommend The Barber Law Firm. Thank you for helping us through tough times!”

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