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How is fault established in a car accident?

On Behalf of | Feb 8, 2023 | Car Accidents |

Establishing each driver’s level fault after an accident is a significant part of the settlement process. This is because the negligence of the parties involved in the crash will affect the compensation they can recover.

Under Tennessee’s modified comparative negligence law, your contribution to a crash diminishes the recoverable compensation. For instance, if you are 30% at fault, you can only recover 70% of the damages awarded. However, you cannot get compensation if you were more than 50% responsible for the crash.

In light of that, you may wonder how each driver’s fault is determined after a crash. Here are some of the ways this happens.

Police reports

As the first responders, the police have a first-hand accident report, and their records can help establish fault. Usually, the police will gather evidence of the crash at the scene, such as the physical state of the drivers, take photographs and interview witnesses. All of these can help ascertain the circumstances that led to the crash.

Surveillance footage

Video evidence from traffic cameras or dashcams can provide crucial insights about the events that led to the crash. This can be helpful when the drivers give conflicting statements or if the police report about the accident is inconclusive.

Accident reconstruction experts

In some instances, car crash experts may be involved to help establish the facts of the accident. They do this by analyzing the evidence of the crash, such as photographs of skid marks, debris and the condition of the wrecks, to develop conclusions about the accident.

Protect your interests after a car accident

Determining each driver’s fault after a crash is not always straightforward. Therefore, it is best to have informed guidance and legal representation to look out for your interests and help you get the compensation you deserve.

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