How do the Police Determine Who’s at Fault in a Car Accident?
After a car accident, it is always important to call the police to the scene to complete a report. This report will provide your attorney with necessary information in order to put all parties, and their insurance, on notice of a claim. Oftentimes, the officer on scene will also determine who is at fault for causing the collision.
While not admissible in court (due to a rule of evidence called the crash report privilege), these police reports do help in resolving your case prior to litigation. In order to complete a report and determine who was at fault, the officer must investigate. They will talk to all the parties involved in the crash. They will speak to any witnesses who saw the collision. They will look at the property damage to the vehicles. They will digest all this information and determine who is at fault. If they do not have enough information on the crash, and both parties are blaming each other, they will not issue a determination of fault.
I have seen, on numerous occasions, the police get their determinations of fault completely wrong. While this will not ultimately determine the outcome of your case, it certainly does not help. Typically, if the police report is wrong, your case will need to be litigated and proved to the defendant’s insurance carrier.
The attorneys at the LaBovick, LaBovick & Diaz Law Group have the experience necessary to see through an erroneous police report and hold at fault defendants responsible for the injuries they cause. If you have been injured in a car accident, call today for a free consultation.