Abramson Smith Waldsmith LLP
415-421-7995

How fault of an accident is determined

Drivers in California have a responsibility to keep themselves and other drivers safe on the road. This includes understanding road signs, knowing traffic laws, paying attention and not getting behind the wheel after drinking or taking drugs. Unfortunately, collisions do occur and they are often the result of negligence by one of the drivers involved. There are a number of ways law enforcement authorities can determine who was at fault, and this is important for insurance and legal reasons.

According to FindLaw, finding fault may be as easy as looking up vehicle codes and arguing the other driver did not follow them. In certain accidents, such as rear-end collisions and those involving left-hand turns, it is usually easy to figure out who is liable for damage and/or injuries. Other accidents may not be as clear, and this is when the police should be involved. The attending police report goes a long way when fighting a claim.

According to the State of California Department of Motor Vehicles, there are a number of factors a police officer will investigate to help determine who the negligent driver was. Some of them include:

  • Type and location of vehicle damages
  • Type of collision
  • Condition of the road
  • Traffic volume at time of accident
  • Travel direction
  • Injuries of drivers and passengers
  • Speed of the vehicle
  • Weather
  • Point of impact
  • State of driver after accident, such as sober or potentially under the influence

The testimonies of the parties involved, as well as any witnesses, can also have a major impact when it comes to determining fault. 

 

 

No Comments

Leave a comment
Comment Information
  • Super Lawyers
  • American Board of Trial Advocates
  • The Best Lawyers In America
  • American College Of Trial Lawyers
  • Salus Propoli Suprema Lex Esto
  • Lawdragon 500 Leading Lawyers In America
Email Us For a Response

How Can We Help?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Abramson Smith Waldsmith LLP
44 Montgomery Street
Suite 3340
San Francisco, CA 94104

Phone: 415-325-2535
Fax: 415.421.0912
San Francisco Law Office Map