Location of Damage in a Car Accident Determines Fault

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Many people believe that vehicle body damage can be used to determine which driver was at fault for causing an automobile catastrophe. In reality, collision damage is only one of a number of factors that must be evaluated when determining driver negligence or culpability.  The majority of motor vehicle collisions result in damage to the vehicles’ exteriors. Such collision damage is necessary for accident reconstruction and is instructive, if not conclusive, in determining driver negligence or culpability. Get help from a top law firm.

Examples To Understand Better

In a so-called rear-end collision, the main vehicle’s rear bumper area and the vehicle’s front bumper area that was struck from behind are typically damaged. Such collision damage provides a basis for an attorney to contend that the second vehicle’s driver was inattentive or traveling at an excessive rate of speed for the traffic conditions present. Nonetheless, such vehicle damage is not always indicative of negligence. The common defense in such cases is that the vehicle in front abruptly changed lanes without signaling, cutting off the second vehicle, or that the first vehicle abruptly stopped, causing or at least contributing to the rear-end collision. 

As with all motor vehicle collisions, the attorney managing the case must assess driver negligence and any possible comparative negligence based on the totality of the accident’s evidence. 

Another instance of automobile collision damage is the so-called broadside or T-bone collision. In such an accident, a driver enters an intersection and is struck on the side of his vehicle by another vehicle that has also entered the intersection, usually at a right angle to the first vehicle.  In addition, these collisions can occur when the driver of one vehicle makes a left turn and collides with an oncoming vehicle. Typically, T-bone collisions occur when at least one motorist violates the right-of-way laws by failing to yield. 

In both examples of rear-end and T-bone collisions, the extent and severity of the collision damage would give data to an accident reconstruction expert that would assist him in determining the pace of the vehicles and their direction of travel both before and after the crash.

How Is The Collision Assessment?

The analysis of collision damage is only one of many complex factors involved in determining driver fault, which includes but are not restricted to the police accident report, witness assessments, any traffic lights or roadway signals controlling traffic flow and speed, the sworn testimony of the parties and vehicle passengers, post-accident pictures of the vehicles both at the scene of the collision and afterward, accident scene reconstructed images measurements and roadway tire marks, accident, and accident.

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About the Author: John Watson

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