Proving Who's at Fault in an Auto Accident

When you are involved in a car crash, your first thoughts do not usually include proving who is at fault. However, it is important to get the information collected just in case there are questions. Your insurance company or the other person involved could claim you caused it. Evidence beats your insistence of innocence. The first place to look is the police report. If there are any injuries or significant property damage, insist an officer come to the scene. Their report will provide written proof of what they saw and heard. It will outline any citations issued.
There are some obvious situations where the other person is at fault. Driving requires a driver to maintain stopping distance between their vehicle and the one ahead of it. If someone rear-ends another car, police usually cite the rear driver for the accident. When making a turn, the turning car must yield to oncoming traffic. If someone pulls out in front of a car in the opposite lane going straight, police will cite the turning vehicle. If a car is trying to cross a road, they must yield to oncoming traffic in both directions. If a car pulls into traffic and causes an accident when they do not have the right of way, police cite them for the accident.
State law helps prove fault in many accidents. Speed limits are there for a real reason. Excessive speed causes many accidents. An increasing problem is a driver's lack of attention. Talking and texting on cell phones makes driving secondary. This inattention causes more accidents every year. Many states have specific laws against this, but most states have laws against negligent driving as well. Turn signals and traffic lights prove fault as well. If someone turns when a traffic light tells them not to, the police will cite them.
Another way to prove fault is pictures and documentation you take at the scene. Many people keep a disposable or digital camera with them. In case of an accident, the photos often provide information. Drivers should take notes on what happened and who witnessed it. Even if the police file a report, the information compiled by the driver at the scene can prove invaluable. Proving fault in an accident is not always the driver's responsibility. However, the insurance companies may make it theirs anyway. Make sure you are prepared for the next time an accident in Houston doesn't wait to happen.



If you are involved in a car accident in Houston, you may want to consider consulting a qualified attorney. You can also visit www. smslegal.com for answers to your questions.