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Featured / 11.06.2021

How to Determine Who is at-fault in a Car Accident

In any Idaho car accident, similarly to in other places, there are always the at-fault and not-at-fault drivers. The determination step can sometimes be tricky since no one freely admits to being responsible for it. If you ever get involved in a road crash in Idaho, look for legal assistance from personal injury advocates. They know how to evaluate the accident and help in proving how you had nothing to do with the accident.

As an Idahoan, there are reliable law firms with top-class personal injury attorneys who you can hire. Competent ones will always know how best to gather evidence, making your side of the story easy to believe. The Idaho Car Accident Lawyers know how the insurance, jury, and arbitration determine who’s at fault. This blog post looks into the key ways through which the determination takes place.

The Police Decision

After an accident, there is an instinct of drivers to blame each other for the crash. Sometimes, it’s out of nervousness and high emotions that this happens, especially after injuries and vehicle damages. Therefore, it’s rare to hear a driver admitting to their errors as they understand the consequences. The arrival of the police always calms things down. Most importantly, it provides answers to the question of who is at fault.

Upon reaching the place, the officers will gather a lot of information based on what happened. They check for evidence from the vehicles, drivers, and even the surrounding areas. As they develop the statement, they always engage witnesses at the scene on how it was like before the carnage. Such exhaustive information gathering often makes the police sure of what the primary cause of the accident was. Thus, they accurately point fingers at who is liable.

The Insurance Company Decision

With the help of a personal injury advocate, you’ll file an insurance claim. Afterward, the insurance company performs its investigative evaluation of the accident. The goal is to know if you’re liable for the crash; the insurance adjuster gathers a lot of evidence. Sometimes, they do it so accurately that they can tell if the other driver was at fault.

This is where they now approach the other driver’s insurer through subrogation. Through it, they ask for reimbursement to cater for the losses, and often you get the refund of your deductibles. In their evaluation, they can identify the liability of both you and the other driver in percentage form. Have a lawyer with you during such times as the insurance company will not have the chance to take advantage of you.

The Jury Decision

It reaches a time when the settlements fail to bear fruit, and at such moments the courts will be your remedy. The jury looks typically for the correct answers always and digests every piece of evidence presented. This means that the court takes time to know which side is most truthful, going by the; 

  • Statements 
  • Witnesses 
  • Evidence

Therefore, the court judgment will always point fingers at the responsible party for the accident.

No accident happens without a cause. Human error is primary when it comes to the causes of car accidents. The challenge comes when determining the at-fault party. There are different ways in which the determination takes place. The police, insurance company, and jury are essential in this. It’s a brilliant thing to have a lawyer with you as your interests will be well-catered for during the fault determination stages.

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We are Idahoan, and we represent our people. Our attorneys stand ready to adeptly represent your interests, navigating the complexities of your case every step of the way.

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