| Accident Fault is decided by the insurance company, | | | | driver license to hit them. For example, if a vehicle |
| not by the police officer that answered to the scene. | | | | pullsout of a stop sign, the driver approaching must |
| Police officers police reports and statements are | | | | try to avoid the accident. No evasive accident could |
| considered evidence, and they can "persuade" the | | | | be strong evidence of negligence against the vehicle |
| insurance companies regarding fault. | | | | that had the right of way. |
| If the police department does not determine fault, | | | | Following the rules of the road is the obvious one for |
| then who and how is this determined? Usually there | | | | accident fault. You must be in full compliance with all |
| are at least two parties or drivers involved in a car | | | | the traffic laws that apply to the accident. The |
| accident, and usually they have insurance. In this | | | | traffic laws are codified in all states in the state |
| case, both insurance companies will handle the claim | | | | annotated code or the administrative code (the name |
| for their insureds. They would negotiation between | | | | changes per state). If you are speeding, you can be |
| each other and will settle for what they believe is it is | | | | found some percentage at fault for the damages. |
| fair. | | | | The next step in determining accident fault is breach. |
| Insurance companies must follow certain format to | | | | This means that the duties outlined about must have |
| determine fault. They must look at the negligence of | | | | been "broken". If you did not breach any duty, you |
| each driver and then attribute percentages of fault. | | | | cannot possibly be found at fault. |
| The first step is a negligence analysis. Insurance | | | | But the accident fault analysis does not stop there. |
| adjusters must look at every driver's duties, | | | | The insurance adjuster must then show causation. |
| breaches, causation, and damages. All four elements | | | | Most insurance companies go over this step very |
| must be met, and if one of them is missing, then | | | | fast. It is a very important element because it could |
| that driver was not at fault. If all four exist, then the | | | | causationwill amount as a defense to negligence. |
| driver was at fault, but how much still needs to be | | | | Causation is the relationship between the duty |
| decided. | | | | breached and the ultimate damages. |
| To determine accident fault, insurance companies will | | | | For example, let us assume that Driver is legally |
| look at the "driver duty". Every person behind the | | | | parked in a parking lot. Let us further assume that |
| wheel of a car assumes driver duties. It does not | | | | Driver is legally drunk in the driver's seat and that the |
| matter if you have a license or no, it does not | | | | engine is running while someone pulls out of a parking |
| matter ifyou are an adult or a toddler. The law will | | | | stall and hits Driver's car. Is Driver negligent? The |
| place affirmative duties in every driver for purposes | | | | answer for purposes accident fault is NO. The fact |
| of accident fault. But exactly what duties are | | | | that Driver was drunk did not cause the accident. |
| attributed to every driver? Usually they are "lookout, | | | | There was not casual connection between the fact |
| avoidance, and following the rules of the road". | | | | that Driverwas dunk and that a vehicle came and hit |
| Look out is simply paying attention. Every driver must | | | | his/her car while waiting. For more information about |
| be attentive to what is going around him/her. So | | | | causation visit |
| when the adjuster asks you "did you see them | | | | The last step is damages. Damages must exist either |
| coming" your answer better be "yes". If you do not | | | | as property damage or as a bodily injury. The |
| see another vehicle and you had the visibility to do | | | | important thing to remember is that all damages |
| see them, then you will have probablybreach this | | | | must be related to the duty breach. In other words, |
| duty. | | | | if you have back pain and a headache, the analysis |
| Avoidance is exactly that. You must attempt to | | | | explained above will be applied twice (onetime for the |
| avoid the accident. The fact that another car is at | | | | back pain and one time for the headache). |
| fault, or has done something illegal does not give the | | | | |