When accidents occur, the matters of fault and liability become important. Most states determine liability based on which driver negligently drove in a manner that caused the accident to happen. Here’s a closer look at how reliable auto accident attorneys go about determining fault in auto accident cases.

Collect Existing Evidence

Evidence is often the first consideration but isn't always readily apparent. For example, a driver might be distracted while texting, which in turn causes that driver to make a mistake that triggers an accident. According to Cambridge Mobile Telematics, 41% of drivers surveyed said they drove while distracted by their phones in 2019. Reliable auto accident attorneys might obtain cellphone records that show a driver was using a cell phone when the crash occurred and use that evidence to determine fault.

Review the Police Report

Police reports are big tools used by attorneys and auto insurers to help determine who caused an accident. The reports don't have any legal value in a court of law because they often contain false information that might be provided by a driver who caused an accident but wants to blame someone else. However, the reports can indicate whether drugs or alcohol were involved, if one or more drivers were ticketed for moving violations, and obtain other information that could help determine fault.

Check the Insurer’s Investigation

Car accidents usually result in claims filed with auto insurers. Those insurers assign claims adjusters to investigate and better determine how an insurer should handle a claim. The insurer’s investigation might reveal evidence that the police report did not provide. Reliable auto accident attorneys can obtain the insurer’s report to help determine fault and legal liability for a car accident.

Depose Witnesses

Your attorney can depose witnesses who can testify on your behalf and show that someone else caused an accident. The attorney also can depose the other driver or drivers if the accident involves more than two vehicles. Witness testimony can help clarify how the accident happened and if one driver was especially negligent in causing the accident to occur.
You can call or submit an online request to schedule an initial consultation with one of our law firm’s experienced and reliable auto accident attorneys . Here at Curtis, Porter & Adams, PLLC, we can help you better understand your case and how it might be possible to prove fault and liability.