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WHO DETERMINES WHO IS AT LIABILITY IN AN AUTOMOBILE ACCIDENT?

Determining who is liable in a car accident is important as this will decide who is going to pay for the damages incurred.

But before the ultimate judgment, there are key technical factors procured and examined. The prosecutor usually assists in bringing the accident reconstruction expert to help determine the faults in the car accident damages. This process is crucial, as it can clear the fog and bring to the light the events that occurred in sequential order.

The experts can determine a lot about the accident by examining the location of the damage on a car/ vehicle. Like a car’s passenger side damage, damage on the back and the front of each cars proves a rear-end collision, a left-turn accident can be proved by front-right side damage of one car and the front-end damage of the other car. These obvious damage locations help in determining who was at fault.

However, there can other complex damages that will require inspection using technical knowledge and skills of dynamics, engineering and physics. We understand that, not just an individual can completely assist in determining and placing hand on the fault. However, with an expert, most of the assessment can be done. The experts analyze by re-creating the accidents through creating models and measuring the debris of the cars.

Other key factors that are looked upon are:

  1. Headlights
  2. Point of Impact
  3. Angles of the steering wheel
  4. Sudden acceleration
  5. Use of turn signals, cruise control and lights
  6. Anti-lock braking systems
  7. Nature and extent of the injuries
  8. Physical shortcomings
  9. Inspection of roads in unfavorable environmental and weather conditions.

These examinations with their analysis are presented and recorded as statements of proof in the court. The case is ultimately handled under the state court supervisions.