How Do I Prove Who Was At-Fault When I Was Hit in an Intersection?

When a motor vehicle collision occurs in the middle of an intersection of two streets, the fault of the negligent driver can be difficult to prove. However, there are several ways that liability for the accident (fault) can be established in these types of cases.

First, the police report and any witness statements can be used to establish fault. After an accident, the authorities should be notified. For example, if a witness states that one driver ran a red light, the negligent driver would likely be found at fault by the investigating officer. Additionally, if the police report states that one driver was cited for a traffic violation, such as failure to yield, that driver would also likely be found at fault.

Next, look for video cameras that may have captured the collision. You can immediately go to the store or homeowner and ask them to review the footage to see if the collision was captured. If it was, there would be video evidence which could tell the entire story.

Another way to establish fault is through the use of physical evidence, such as skid marks or damage to the vehicles. For example, if skid marks on the road indicate that one driver was braking before the collision, that driver may be found at fault for not stopping in time.

In some cases, an expert witness will be needed to re-create the story. An accident reconstructionist can put together the pieces of the puzzle to re-create many aspects of the collision from the physical evidence, pictures, skid-marks and witness testimony. Once the evidence has been assembled, the expert witness provides an opinion as to who was at fault when the collision occurred.

In summary, if liability is at issue, and neither party can agree on who was at fault in an intersection collision, look toward the police report, any witnesses statement, all of the physical evidence, any video (if available) and expert witness opinions.

If you or a loved one has been injured in a motor vehicle collision in the middle of an intersection and no one can agree who was at fault, and you need assistance dealing with the insurance claim, please consider calling the Dellutri Law Group. At the Dellutri Law Group, we have been helping individuals who were injured in intersection collisions by suing the negligent drivers for the past 25 years, and we are proud of results that we have achieved for our clients, the relationships that we build with our clients and our community involvement. It’s what we call the Dellutri Difference.

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