Following a car accident, there are multiple methods that may be used to determine who was at fault. The location of the damage on the vehicles can be important to not only establishing fault but your claim for financial compensation as well. This is due to the fact that the position of the damage can provide vital information on the circumstances surrounding the accident.
Among the many things that will be considered during the investigation of your accident is the location of any vehicle damage. It is important to be familiar with the advantages and disadvantages of using damage to determine fault since this is not necessarily the best way to achieve a successful result in your car accident case.
Local Accident Reports works with affiliate personal injury law firms across the country that share our dedication and client-focused approach to personal injury cases. No matter where your accident took place, we can help. Call us today to schedule your free consultation with one of our nationwide car accident lawyers.
How Damage Can Help Establish Fault
The damage to the vehicles at the point of impact can reveal details about how a car accident happened. By inspecting the damage on a vehicle, an investigator will be able to work backward and come to a conclusion about how the crash might have occurred. For example, if a particular type of damage is present in a particular area of your vehicle, such as a completely crumpled and damaged front end, the speed, point of impact, and type of collision can be determined. In some instances, vehicle damage is enough to work out the entire scenario because there is only one way it could have taken place.
In most cases, however, vehicle damage is more useful in ruling out ways that the crash could not possibly have happened. Although, in these instances, the vehicle damage will not definitively determine fault, it serves as a strong starting point for narrowing down the options of what could have happened.
When Does Vehicle Damage Prove Fault?
Occasionally, vehicle damage is essential to proving fault in a motor vehicle accident. Using the above example, if you were rear-ended by another driver, your car would display obvious damage to the back bumper. The vehicle behind you would have obvious damage to the front.
In most rear-end accidents, the following vehicle is at fault. Since the driver failed to obey driving laws by not leaving enough room to come to a safe stop, they will most likely be at fault for the collision.
Depending on the type of car accident, the damage will be found in different parts of the vehicle, such as:
- Head-on accidents: Head-on accidents usually cause damage to the front bumpers of the involved vehicles.
- Rear-end collisions: If you were involved in a rear-end crash, your car’s rear bumper will show signs of impact, while the striking vehicle will have damage to its front bumper.
- Side-Impact collisions: Also known as T-bone accidents, your vehicle will have damage on the side where the impact occurred. The striking vehicle will have damage to the front bumper.
- Sideswipe accidents: Both of the involved vehicles will have damage on the side where contact was made.
- Vehicle rollovers: The damage caused by this type of crash depends on the circumstances under which it occurred and the type of vehicles involved. The striking vehicle could also be damaged in any number of locations.
When Does Vehicle Damage Not Prove Fault?
In many car accident cases, mere vehicle damage is not enough to paint a complete picture of what happened. For instance, let’s say one vehicle is damaged on the passenger’s side and another has a damaged front-end. Although the most probable scenario is that this is the result of a lefthand turn accident, it is not, in and of itself, enough information to definitively determine which driver was at fault because it does not give any indication as to who had the right-of-way.
If the first driver had a green light and the second driver ran a red light, then the second driver would be at fault. If, however, the first vehicle attempted to make a lefthand turn on red even though they did not have the right-of-way, then they would be at fault. As you can see, the location of vehicle damage does not always provide enough detail about an accident. In this instance, the determination of fault in your case would hinge primarily on eyewitness statements and video, if it exists.
Vehicle Damage is Only Part of the Evidence
The location of vehicle damage is just one small piece of the puzzle. Your car accident lawyer will take vehicle damage into account, along with speed, weather conditions, acceleration, driver intoxication, skid marks, location of vehicle debris, road hazards, and many other factors in order to figure out exactly what happened.
How Do I Preserve Evidence of the Damage?
If vehicle damage is being presented as proof of fault, it is a good idea to preserve evidence of that damage. This can be useful if the insurance company claims you are making things up or are not remembering the accident properly. The best way to do this is to take as many pictures or videos as you can at the scene. You will want to include pictures of not only the damage to both vehicles, but any visible injuries, traffic and weather conditions, missing road signs or malfunctioning traffic lights, tire tracks, oil spills, and anything else you think may be relevant. Take pictures from close up, far away, and as many different angles as you can manage. It is better to have way too many pictures than not enough.
Other Ways to Document Damage
If you have an estimate for vehicle repairs from a mechanic or dealership, you need to maintain a copy for your records. Their estimate should include an itemized list of everything that needs to be replaced or repaired that was written by a professional mechanic. You should also contact the police department that responded to the scene and obtain a copy of their accident report. Both of these documents can strengthen your claim for compensation and help ensure you are not paying out-of-pocket for another person’s negligence.
Car Accident Reconstruction
It is not uncommon for experienced car accident lawyers to work with accident reconstruction specialists in order to determine exactly how an accident happened. An accident reconstruction specialist is a type of expert witness who uses vehicle dynamics, physics, photogrammetry, engineering, mathematics, and computer applications including simulation tools to explain how an accident occurred and how it led to the vehicle damage. Putting their training and years of experience to work, they can explain to a jury how the crash took place based on strong scientific evidence in a way they can easily understand.
Other Important Evidence That Supports Your Car Accident Case
Responding law enforcement officers will work to learn as much as they can about what caused the accident by studying the scene very closely. In addition to the location of vehicle damage, other important evidence they will collect includes:
- Eyewitness testimony: People who are considered witnesses to your accident include passengers in either vehicle, the other driver, and any bystanders in the area who saw what happened.
- Cell phone records: In a lot of car accidents, cell phone records are extremely useful in determining fault because they prove whether or not a driver was talking, texting, or using their phone in some other way when the collision occurred. In many situations, this could mean they are at fault or share fault for the accident.
- Medical records: If anyone was injured, medical records can play a role in proving fault because the injuries can help corroborate how the accident happened. For example, whiplash is most commonly the result of a rear-end crash.
Talk to a Nationwide Car Accident Lawyer
Any kind of car accident can leave you scared and uncertain of what you should do next. This situation becomes even more anxiety-inducing if you are not 100% sure how the accident happened. In order to ensure you understand your rights and fully pursue all potential recovery options, it is necessary to speak with an experienced car accident lawyer as soon as possible.
At Local Accident Reports, we understand where our clients are coming from and what they have been through. That is why we offer a free, no-obligation consultation to review your case and discuss your legal options. Call us to schedule your free consultation with one of our experienced nationwide car accident lawyers today.
