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How is Fault Determined in an Accident?

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If you or a loved one has suffered injuries due to the negligent or careless actions of others, you need a trusted, experienced lawyer who will protect your legal interests, and, most importantly, honestly cares about you. After suffering injuries, you should not be worried about medical bills and what to do about your lost income from work – particularly when another party was responsible for what happened to you.

At Herrman & Herrman, our entire team of personal injury lawyers are here to help you through this extremely tough time.

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Greg: How is fault determined in an accident?

Greg: If you go to trial then the "Finder of Fact," is going to determine who is at fault.

Greg: What does that mean, and Who is considered the Finder of Fact?

Greg: The finder of fact, either the judge or if you have a jury trial the jury is going to determine it a trial needs to be set.

Greg: If you don't go to trial, then it's a judgment call. In most cases, it's gonna be your lawyer arguing on your behalf, and the insurance company's lawyer arguing on their behalf.

Greg: The best place to start by determining if the accident was your fault, is talk to all the drivers involved. For example, you would talk to the passengers involved, make sure you've talked to all the witnesses involved, and get a buddy's version of what happened.

Greg: Once you have spoken with witnesses, next collect the physical evidence. For example, where was the point of impact? Where's the damage to the vehicles? What part of the vehicle was hit?

Greg: Lastly, make sure you can reconstruct or recall the accident as soon as possible to figure it out well who had the right-of-way in the accident, and if it is your fault.