When a car accident occurs, it is sometimes clear as to who was at fault. An accident could be the result of someone texting or looking at their phone while driving through a red light or distracted by someone else in their vehicle and talking and not paying attention to where they were going. When a police officer responds to an accident, they look around, take statements, take pictures, and map out where the accident took place and where it ended and they use all of this information to determine who was at fault and who is not at fault.
So, what happens when it’s not really clear as to what happened? What if it is an accident that is not marked by someone playing on their phone and just drove through a red light. What if driver A was on their phone and driver B was texting. Would they both be responsible for the accident? When cases are not as easy to determine the responsible party, the law enforcement officer will then need to determine the responsible party by interviewing witnesses, taking statements, looking the vehicles over to see where the original contact was made in the accident, and to view any surveillance cameras that may be up near the scene of the accident.
Some states recognize the shared fault accident, and this is where both drivers are considered to be partly at fault for the accident occurring. This is normally the result of two people being on their phones while driving a vehicle. When shared fault is used as the responsible party, the percentage each driver will share will also need to be determined. This can be determined by eye witness interviews, drivers’ statements as well as anyone else who may be in the vehicle when the accident occurs, any physical evidence at the scene, and any conclusions that the law enforcement officer has made while viewing the scene.
There is no set pattern to follow in an automobile accident because everyone is different in some way. This can make it sometimes very difficult for personal injury lawyer in Edmonton to determine exactly what happened and why.
Once the law enforcement officer finishes investigating the case, the insurance company can then conduct their own investigation based on what happened and what the evidence shows. Once they come to their own conclusions, they will submit their findings. If the case goes to court, they will then send in representation for the courts to make sure that all the information was presented properly. This is where you will want to have your own representation with you on your side in order to be less intimidated by those there and to make sure that your rights are protected as well.