After any type of car crash, regardless of how much damage was done, where that damage happened can be valuable when determining who is at fault for the collision. Since North Carolina is an at-fault state, gathering evidence to prove you are owed compensation is critical to a successful claim.
You may have some questions about determining fault by the location of the damage, such as: does it always work, and what do I need to know? An experienced Durham car accident lawyer can help you collect the information you need to get the job done. Call Johnson & Groninger PLLC at (919) 240-4054 or use our online form to schedule a free consultation.
Determining fault after a car accident
Evidence showing who is at fault for a car crash can come from various sources. Photos, repair estimates, witness statements, and expert testimony can help your lawyer understand what happened and who caused the crash. Having robust evidence makes it easier to negotiate with the other driver’s insurance company to secure the settlement you need.
Other evidence you can use to show fault includes the following:
- Police accident report
- Citations the officers issued
- Video from traffic or security cameras
- Video from dashboard cameras or bystander cell phone cameras
- Tire marks
- Information from the cars’ computer controllers about speed and braking
- Blood alcohol content (BAC) tests for the other driver
Determining car accident fault by the location of the damage
One of the most compelling factors in determining fault is where the damage is located. While it’s not foolproof, if the damage on your car corresponds with similar damage on the other driver’s vehicle, this can be a fairly clear indicator of fault. This is because different kinds of accidents usually affect different parts of the car.
Head-on collision
The front bumpers of both vehicles will be damaged in this kind of crash.
Rear-end collision
To determine fault by the location of damage in a rear-end crash, you will need to show there are signs of damage on your back bumper and the other driver’s front bumper.
T-bone collision
A T-bone crash can be identified by the destruction on one side of your vehicle and the front end of the other driver’s car.
Sideswipe collision
Lost paint, dents, and scrapes on the corresponding sides of both cars can be used to determine fault by the location of damage in a sideswipe accident.
Multi-car rear-end collision
When you’re hit from behind by someone who was also hit from behind, you can determine fault by the location of damage in a 3-car rear-end accident by finding damage on your rear bumper, the middle car’s front and rear bumper, and the front bumper of the last car.
Does the location of damage always prove fault?
Except in rare cases, the location of the damage on your car doesn’t necessarily prove fault beyond a reasonable doubt. However, when used with other evidence about the accident, it can go a long way to showing who is to blame. Some damage can only happen one way and clearly shows what happened, such as rear-end collisions.
With other kinds of crashes, it may be less obvious. For example, if you have damage on your driver’s side and the other car’s front end is crumpled, it may seem clear they hit you in a T-bone crash. However, that doesn’t mean they are at fault. The question of who had the right-of-way must be settled, including whether someone ran a red light or stop sign or if they turned left in front of the other vehicle.
Hurt in a crash? We can help.
The location of damage can be important but not unquestionable. Your Durham car accident attorney can combine other relevant evidence to paint a more complete picture of who is to blame. If you are partially at fault, they can work to minimize it. Contact us today to learn more about how Johnson & Groninger PLLC can go to work for you.