Article on road accident;whose fault

Sometimes, the most important aspect in a lawsuit is who is at fault in a car accident. In states which permit identifying one party as liable, this is often the most complicated and heated debate. Below is an explanation of how to identify who is at fault for an accident and how such determination can affect an award of damages.
Fault in an auto accident matters because the person at fault is responsible for an injured party’s damages. Therefore, a party proving that he is not at fault means that he could escape all financial liability for the accident. If multiple parties are accused of liability, determining who is at fault takes the form of identifying the levels of fault of each, independent party. This is because each party will only be responsible for the amount of damages attributable to his actions.
Fault must be proven by evidence. This evidence can consist of photos of the accident, eyewitness testimony or police reports. Many times, fault does not need to be proven beyond any reasonable doubt, but rather must be shown through clear and convincing evidence. The standard of proof, therefore, is low, meaning that allegations of fault do not have to be indisputable.
If the accident was not a rear-end accident, determining fault can be a little more difficult. In this situation, it may be necessary to look to the state’s driving laws and the location in which the accident occurred for guidance. If the accident occurred while one car was making a left turn, check to see whether the lights were in one driver’s favor. If so, the driver that did not take the signal into consideration may be at fault for the accident. Similarly, a driver that was speeding is more likely to be found at fault for an accident.