The rules of the road are clear, so accidents aren’t likely to happen unless a driver breaks one. The driver who breaks the rules of the road is called the “at-fault driver.” In Louisiana and Baton Rouge, the insurance company for the “at-fault” driver is responsible for any damages caused by the automobile accident. Therefore, it is important to understand how insurance company decide whether their insured was at-fault in the accident.
Police Reports
The most critical information in determining fault is the police report. Insurance companies will generally decide whether to pay a claim based on the police officer’s investigation as outlined in the police report. The police report has important information about the accident, like where it happened, when it happened, and what people who saw it or were involved said. Although the police officer’s determination of fault is not absolute, the police officer will generally identify the at-fault driver as the operator of “Vehicle 1.”
State Laws
As previously stated, the rules of the road are outlined in Louisiana’s state laws; therefore, state laws always play a substantial role in deciding liability in a car accident. State laws and court case opinions will govern a driver’s legal responsibilities when operating a vehicle. If you do not believe that you were at-fault in causing an accident, you should immediately contact an attorney who can properly advise you regarding your legal obligation arising under Louisiana’s driving laws.
Driver Statements
Insurance companies will always want statements from the drivers involved in an accident. The insurance company of the at-fault driver will also want to obtain a statement from the driver who was not at fault. The insurance company will use any admissions of fault or statements that imply one driver was more at fault than the other even against the driver who is not at fault. It is always advisable to hire an attorney before giving a statement to an insurance company, especially if you were not at fault in causing the accident.
Witness Statements
Witnesses can give important details about the accident, and their stories can help insurance companies figure out who was at fault. Witnesses may also shed light on the collision from a different perspective than the drivers involved. It is not uncommon for the at-fault driver to change his or her story about how an accident occurred once a claim is made for injuries; therefore, witnesses can often provide a non-biased way of learning how an accident occurred.
Accident Reconstruction Experts
Accident reconstruction experts are often hired by the lawyers for the injured person and the insurance company for the driver who caused the accident. These experts examine the physics, engineering, and other areas of science in an effort to recreate the accident and figure out what happened. Nothing can break the laws of physics, so a driver’s story that breaks the laws of physics is a story lacking merit.
Conclusion
Determining who is at fault causing a car accident is the first step to identifying the driver who caused the accident. Police reports, state laws, statements from the driver and witnesses, and expert opinions all help figure out who is at fault in causing the accident. Remember, an experienced attorney understands the interplay between potentially competing and conflicting accounts of a car accident, so hiring an attorney is important in protecting your legal rights.