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Proving Who Is At Fault After A Car Accident

Author: Tyler Pillay
by Tyler Pillay
Posted: Nov 17, 2016

For any one driver to be found at fault for causing a car accident, the finding has to be supported with proof. This article will address the different ways of establishing proof regarding who is at fault for an accident.

Police ReportsIf the police arrive at the scene of an accident, they are likely to write an accident report. You can ask the traffic division at your local law enforcement agency how you can obtain a copy of the accident report. In some cases, the report gives the police officer’s opinion on which driver violated a specific traffic law and that the accident was a result of this violation. The report may go on to state whether the officer issued a citation for the violation. In other instances, the accident report will simply mention that negligent behavior was the cause of the accident without mentioning the specific behavior that caused the accident. Regardless of the specificity of the accident report, as long as it mentions that a traffic violation, negligence or careless driving by another person caused the accident, this can serve as proof that the other driver was at fault.

State Traffic LawsState traffic laws can provide proof as to who was at fault and thus caused a car accident. Each state has its own statutes that govern the manner in which drivers ought to drive on the roads and outline the driver’s duty of care while driving. Such statutes are known as Vehicle Codes or Rules of the Road. These vehicle codes have an index which contains a listing of traffic laws, which, if violated, can be used as proof of driver negligence.

No Doubt Liability There are certain types of accidents in which it is relatively easy to determine who the at-fault driver is. Two such types of accidents are:

Rear end collisions – if a driver hits your car from behind, in almost all scenarios or circumstances that driver is at fault. This is because the basic rules of the road, in any state, set out that it is a requirement for a car to be able to stop safely if traffic in front of it has stopped. Also, the damage to the vehicles themselves serves as proof of who is at fault. The exception to this rule if the driver who is hit from behind was negligent in their own way – such as stopping suddenly on the interstate - and thus caused the accident to some extent. This is applicable in Alaska that has a comparative negligence rule; where negligence reduces damages. For example, where the driver hit from behind does not have working brake or tail lights.

Left turning accident – the car turning left is almost always at fault with the exception where:-The car going straight is going over the speed limit-The car going straight runs a red light.

If you are searching for attorneys in Anchorage Alaska to assist you with proving fault in a car accident, find a law firm of professionals who have knowledge on Alaska state statutes.

For injury and damage claims advice for accidents in Anchorage today, the author recommends Crowson Law Group.

About the Author

Are you a victim of medical malpractice? If you are looking for accident claims advice, the author recommends the Crowson Law Group.

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Author: Tyler Pillay

Tyler Pillay

Member since: Feb 25, 2016
Published articles: 40

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