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Can Vehicle Damage Prove Who’s At Fault in a Car Accident?

When you get involved in a car accident, the other driver’s car insurance company might do everything in their power to disprove their client’s fault. However, if you know and believe that you are in the right place to pursue an auto accident injury suit, there are several ways you can prove the other driver’s fault.

One of the methods you can try is to use the damage’s location on both vehicles to prove who’s at fault. Vehicle damage can give clues as to what may have happened during the incident. In this post, we’ll take a look at some sample scenarios.

Scenario #1: A car suddenly pulled out of the driveway.

In a situation wherein you were driving along a residential street and a driver suddenly pulled out of their driveway, the damage on your vehicle can give a clear picture of what happened. For instance, let’s say your car was hit on the passenger side when you were broadsided. If the damage is in the middle part of the car, it means that you were already passing by and the driver pulling out of the driveway was not paying attention.

Now, what if you were hit near or on the front of your car? This is where it gets a little tricky. It’s possible that the driver pulled out in front of you, so fast that you didn’t have enough time and space to stop and keep a safe distance. However, investigators may also think that you were the one speeding and not paying attention to your surroundings.

Scenario #2: A car suddenly makes a left turn in front of you.

Imagine driving straight when someone suddenly makes a left turn. As a natural reflex, you may try to swerve to the right to avoid the oncoming vehicle. So, if your vehicle is damaged on the left side, investigators can deduce that you tried to avoid the collision by swerving away from the car.

Meanwhile, if you were hit right on the front and the other car is damaged on the front or center-right side, it could mean that you didn’t have enough time and space to avoid the car. This gives the idea that the other driver wasn’t paying attention to oncoming traffic when he made the left turn.

However, if the damage to the other vehicle is on the rear part, it means that the car has already been on the lane for quite some time and you were the one not paying attention, painting you partially at fault.

Scenario #3: A car runs a red light.

The fault in an accident caused by one of the vehicles running a red light will always fall on the driver who didn’t follow the rules. However, the damage to both vehicles will still need to be analyzed to know who among the drivers had run the light.

Basic Steps to Gathering Evidence of Car Damage

If you get caught in a car accident and you are not severely injured, try to acquire important information and evidence as much as possible. You should be able to get the following:

● Names and contact numbers of witnesses, as well as the other driver/s involved in the accident
● Photos of the accident scene, particularly of the damaged vehicles and properties

Then, call 911 to report the accident. You should also check other passengers and pedestrians to see if someone else needs immediate medical attention.

Stephen M. Fernandez developed a strong belief in justice and fairness in public policy while earning his Political Science degree prior to attending law school. Since joining the Florida Bar Association in 2004, Stephen Fernandez has combined his background in public policy, business administration and civil law to serve as a highly effective trial lawyer fighting for Florida's injured, working hard every day to make sure his clients get what they are owed.

Can Vehicle Damage Prove Who’s At Fault in a Car Accident?

Goldman Babboni Fernandez
Murphy & Walsh

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