June 19, 2024

How to Know if You’re At Fault in an Accident

Memphis truck accident lawyer

There are several ways that you could get into an accident according to the law. Vehicle accidents are much more common than they should be and a good deal of them have to end up in lawsuits with some sort of car accident lawyer. Truck accidents and motorcycle accidents in particular can be particularly messy. Truck accidents can be because if you are trying a semi truck, chances are you do not own it and you are working for a company that is being held liable and will do everything they can to not have to pay out. Motorcycles generally involve major physical bodily harm if not fatalities which the at fault party will have to go to court over.

An auto accident lawyer, or more specifically, a truck accident attorney will have to find out all the facts of the case before deciding what to do. If you are truly not at fault then it makes their job a lot easier and the company you work for will be more willing to stay on your side and work with you. There are three main ways as to how your truck accident attorney and insurance company and possibly courts will determine who is at fault in the event of an accident.

  1. Citations
    If one of the drivers was violating any kind of traffic law at the time of the accident, they will likely be the ones at fault. Anything like speeding, running a red light or something like that will result in a citation which will make the fault theirs. If no citation is issued because of a lack of police presence, try to compel any witnesses to stick around until the police come to issue a statement against the other driver who committed the infraction.

  2. Negligence
    This can be anything from from running a red light which is covered in the citation point, to driving without headlights on when it is dark out or not looking before turning as well cell phone usage, not wearing glasses if they are needed and more.

  3. Evidence
    When collecting evidence regarding the accident, the police and insurance companies can count on:

    • Photos – anything that can assist in showing what exactly happened and how bad the damages are.
    • Witness statements – if there are a few witnesses that tell the same story, this will help.
    • Police reports – without being present the report will be based on evidence at the scene of the accident.
    • Video cameras – public and private footage is acceptable.
    • Vehicle damage – where and how the damage occurs can tell a lot about the type of accident it went through.

There are a couple of sure fire at fault cases, depending on the state’s laws but for the most part, the following can almost definitely reassure you that the other part is at fault.

  1. Rear end collision
    If someone hits you from behind, they are usually at fault. They are considered driving too close or at unsafe speeds or not paying attention. However, if you slammed on your breaks without just cause and a driver hits you, you may still be liable.

  2. Left hand turn
    A driver that is making a left hand turn and gets into an accident is usually the at fault party based on not judging if they actually had enough time to turn or not. On the other hand, if the driver turning left has a green arrow, it won’t be his or her fault if someone opposite runs a red light and hits them.

If you get into an accident you should hand over all the information you have to your truck accident attorney and let them help you to take the necessary steps in order to save your company and yourself money, time and possibly a job. A truck accident attorney will tell you, there are many ways to avoid an accident such as:

  • Not being on your cell phone
  • Not playing with the radio or anything else in the car
  • Not eating or drinking while driving
  • Keeping your full attention on the road at all times
  • Adhering to speed limits and traffic laws
  • Avoiding road rage
  • Being considerate of other drivers on the road

However, even if you are the but sometimes these things just happen and there’s no way of stopping them.

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