Proving fault in a car accident is not always easy, especially when there are two or more drivers involved. To determine who is at fault, investigators will look at many factors, including weather conditions, speed of the vehicles and what was happening when the accident occurred. If a lawsuit is involved, however, the court will take it a step further and work to determine who is at fault and responsible for the accident by examining the laws of negligence and how they pertain to the case.
To determine if a driver was negligent the court will examine two things: Did the driver do something that a reasonable person would not normally do and/or did he or she fail to do something that a prudent and reasonable person would do? As an example, a reasonable person would not normally speed on a wet road, so if one of the drivers was speeding just before the accident occurred, he or she could be at fault. If the driver was drunk, he or she could also be found at fault since a reasonable person would know not to get behind the wheel after drinking.
Still, there is the matter of proving that there was negligence. In some cases, it may be a fairly simple matter to prove, for example — the driver failed the sobriety test and was convicted of drunk driving thereby showing he or she was negligent. In other cases, it may take more investigating such as finding witnesses who can show that the driver was at fault because he or she was speeding and went through the red light.
Individuals who have been involved in a car accident may find it beneficial to learn more about their legal rights and could be entitled to compensation for their injuries.
Source: FindLaw UK, “Rules for proving fault in accidents,” accessed March. 31, 2015